Russell v. State
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge.. • This was an indictment against Frank H. Russell, for the murder of Charles E. Fawn, to which the accused pleaded “ not guilty,” and a special venire was drawn. On motion of the defendant this special venire was quashed, for the reason, stated in the motion, that the special venire was not drawn from a legal jury-box.
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Error to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge.. • This was an indictment against Frank H. Russell, for the murder of Charles E. Fawn, to which the accused pleaded “ not guilty,” and a special venire was drawn. On motion of the defendant this special venire was quashed, for the reason, stated in the motion, that the special venire was not drawn from a legal jury-box. The order sustaining this motion, after reciting that there were facts proved which constituted the box illegal, and reciting that there was no legal jury-box in the county, as required by § 2759, Code…
1Opinion of the CourtChalmers, J.
The principal question discussed at the bar was the one much mooted of late in the American courts, as to what is the proper rule with reference to the burden of proof in criminal cases where the defence relied upon is insanity.
The defendant offered and the court refused to grant three *378instructions, to the effect that the burden of proving the sanity of the accused is devolved by law upon the State, and that if the jury entertain a reasonable doubt of his sanity arising from the whole testimony in the case, they must acquit.
The refusal to grant these instructions, it is urged, was such error…
2Cases cited4 opinions
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Pope v. StateMississippi Supreme Court · 1872
- Lewis v. StateMississippi Supreme Court · 1872
3Cited by14 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Davis v. StateSupreme Court of Florida · 1902
- People v. ChuckCalifornia Supreme Court · 1889
- Hodge v. StateSupreme Court of Florida · 1890
- Mississippi Power Co. v. HarrisonMississippi Supreme Court · 1963
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