Legal Opinion

Moore v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

This was a writ of error prosecuted to revise the judgment of the Hon. John Watts, a circuit judge, rendered in an action refusing the prisoner’s application for bail. The substance of the evidence appears to be; That the prisoner was the owner and keeper of a grocery in Scott county; and that his brother, Benjamin Moore, was employed by him as assistant and clerk.

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This was a writ of error prosecuted to revise the judgment of the Hon. John Watts, a circuit judge, rendered in an action refusing the prisoner’s application for bail. The substance of the evidence appears to be; That the prisoner was the owner and keeper of a grocery in Scott county; and that his brother, Benjamin Moore, was employed by him as assistant and clerk. That the deceased (Johnson) lived very near the grocery, about one-quarter of a mile distant, and was in the habit of frequently visiting that place, where he usually got drunk, and when drunk, behaved in a violent and insulting…

1Opinion of the Court

Harris, J.:

This case was presented to us originally on a petition for a writ of error, to revise the judgment of the circuit judge in vacation, refusing to allow the defendant bail, the late act of the legislature having made the writ of error in criminal cases, in *1168this respect, a writ of right. The case is now submitted to us on the error assigned.

On examination of the evidence in the cause, now appearing on the record, we think it perhaps most consistent with the lib- ' eral policy of our Constitution and laws to allow this application for bail. "We refrain from any comment on tbe…

2Cases cited1 opinion

  1. Street v. StateMississippi Supreme Court · 1870

3Cited by7 opinions

  1. Ex parte NettlesSupreme Court of Alabama · 1877
  2. Ex parte BridewellMississippi Supreme Court · 1879
  3. Blackwell v. SessumsMississippi Supreme Court · 1973
  4. Parker v. TullosMississippi Supreme Court · 1928
  5. Wooton v. BetheaMississippi Supreme Court · 1950

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