Legal Opinion

Lee v. State

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 15 opinions

Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. Plaintiff in error, John Lee, and one David Boykin, were jointly indicted in the circuit court of Colfax county, at the February term, 1875, thereof, charged with the stealing of one bale of cotton, of the value of sixty-ñve dollars. Boykin pleaded “ guilty,” and Lee pleaded “ not guilty.” The court remanded Boykin to jail to await the further order of the'court, and a jury was impaneled to try Lee.

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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. Plaintiff in error, John Lee, and one David Boykin, were jointly indicted in the circuit court of Colfax county, at the February term, 1875, thereof, charged with the stealing of one bale of cotton, of the value of sixty-ñve dollars. Boykin pleaded “ guilty,” and Lee pleaded “ not guilty.” The court remanded Boykin to jail to await the further order of the'court, and a jury was impaneled to try Lee. On the trial, Boykin was offered as a witness for Lee. The district attorney objected, and the objection was sustained, and this…

1Opinion of the Court

Tarbell, J.,

delivered tbe opinion of the court.

This case is brought here by bill of exceptions to tbe action of tbe circuit court in overruling the motion for a new trial. Fourteen grounds are stated as tbe basis of this motion. Of these, three are selected for brief comment.

Tbe plaintiff in error and David Boykin were jointly indicted on a charge of grand larceny. Tbe accused were jointly arraigned and both pleaded not guilty. Subsequently, tbe district attorney moved tbe trial of both, jointly, when Boykin withdrew bis plea of not guilty, and filed a plea of guilty. Thereupon be was…

2Cases cited4 opinions

  1. People v. HarringtonCalifornia Supreme Court · 1871
  2. Lynch v. StateIndiana Supreme Court · 1857
  3. People v. KeenanCalifornia Supreme Court · 1859
  4. Strawhern v. StateMississippi Supreme Court · 1872

3Cited by15 opinions

  1. Willie v. StateMississippi Supreme Court · 1991
  2. State v. HoytSupreme Court of Connecticut · 1880
  3. State v. AllenWest Virginia Supreme Court · 1898
  4. State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
  5. McPherson v. StateIndiana Supreme Court · 1912

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