Brown v. State
Mississippi Supreme Court
From the circuit court of Coahoma county. Hon. G-eor&e Winston, Judge. Appellant was convicted of the murder of one Lewis Hence, and his punishment fixed by the jury at imprisonment for life. A motion was made to set aside the verdict and for a new trial, assigning, among other grounds, that the jury was improperly influenced by certain conduct of the bailiff in attendance during the trial.
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From the circuit court of Coahoma county. Hon. G-eor&e Winston, Judge. Appellant was convicted of the murder of one Lewis Hence, and his punishment fixed by the jury at imprisonment for life. A motion was made to set aside the verdict and for a new trial, assigning, among other grounds, that the jury was improperly influenced by certain conduct of the bailiff in attendance during the trial. The evidence adduced in support of the motion showed that, after the jury had deliberated for some time as to their verdict, one Chew, a bailiff in charge of the jury, pointed out to one of the jurors an…
1Opinion of the CourtCooper, J.
¥é are not prepared to affirm that no injury resulted to the appellant from the suggestion of the bailiff to the jury that his personal desire was, that they should not longer delay their decision, as he wished to be relieved of further waiting, and by his officious intermeddling in pointing out an instruction (by which the jury was told that it was within its power to find the defendant guilty of murder, and award the punishment of imprisonment for life, instead of capital punishment) upon which, in the opinion of the prosecuting attorney, they would agree upon a verdict.
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2Cited by6 opinions
- Wiltcher v. StateMississippi Supreme Court · 1910
- Shaw v. StateMississippi Supreme Court · 1901
- Wade v. StateMississippi Supreme Court · 1929
- Batiste v. StateMississippi Supreme Court · 2016
- May v. StateMississippi Supreme Court · 1910
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