Legal Opinion

Newton County v. Doolittle

Mississippi Supreme Court

Decided March 15, 1895Published

From the circuit court of Newton county. HoN. A. G. Mayers, Judge. Appellees obtained an allowance of $100 under § 1387, code 1892, for arresting and delivering up for trial one Norman, who had killed one Denham. The county appeals.- The opinion contains a further statement of the case.

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From the circuit court of Newton county. HoN. A. G. Mayers, Judge. Appellees obtained an allowance of $100 under § 1387, code 1892, for arresting and delivering up for trial one Norman, who had killed one Denham. The county appeals.- The opinion contains a further statement of the case. This was not the case of' an arrest of one who was fleeing ‘ ‘ before arrest.' ’ Norman had once been in the custody of the law after inflicting the wound, and, therefore, the statute does not apply. Itawamba County y. Candler, 62 Miss., 193. So far as the responsibility of the slayer is concerned, the…

1Opinion of the CourtWhitfield, J.

In Candler's Case, 62 Miss., 193, the subject of the homicide was not only'already dead when the slayer was arrested, but the slayer, when arrested, was arrested for murder, charged with murder, and by the committing magistrate discharged after an examination on an affidavit charging murder. The court twice, in the opinion, calls attention to this fact, saying “he was arrested for this offense” (murder), and again, ' ‘ Laclcy had been arrested by another for the offense with which.he was charged.” The case now before us is distinguished by the fact that the slayer here was first arrested for…

2Cases cited3 opinions

  1. Wilson v. WallaceMississippi Supreme Court · 1886
  2. Martin v. Copiah CountyMississippi Supreme Court · 1893
  3. Board of Supervisors v. CandlerMississippi Supreme Court · 1884

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