Nelms v. State
Mississippi Supreme Court
Error to Marshall circuit court. Miller, J. The plaintiff in error was indicted in the circuit court of Pa-nola county, at the May term, 1848, for the murder of Jesse Price. He obtained a change of venue to Marshall county, where at the July term be was tried. The jury found him guilty on the 6th day of August. He moved for a new trial, whicli was refused, and he sealed a bill of exceptions embodying the evidence, and sued out this writ of error.
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Error to Marshall circuit court. Miller, J. The plaintiff in error was indicted in the circuit court of Pa-nola county, at the May term, 1848, for the murder of Jesse Price. He obtained a change of venue to Marshall county, where at the July term be was tried. The jury found him guilty on the 6th day of August. He moved for a new trial, whicli was refused, and he sealed a bill of exceptions embodying the evidence, and sued out this writ of error. The prisoner was sentenced by the court below to be hung on the 14th of September, 1849. ClaytoN, J., dissenting. Argued the case orally, in which…
1Opinion of the Court
Shaekey, C. J.:
The prisoner was indicted and found guilty of the murder of Jesse Price. He brings up his case on eight bills of exceptions, seven of which were taken on points ruled during the progress of the trial, and the last to the decision of the court in overruling a motion for a new trial, in which the testimony is set out, and seven reasons assigned in support of the motion.
The several points raised were thoroughly investigated by counsel, and the arguments on both sides were so lucid and forcible, that the labor of deciding is rendered comparatively light.
The first exception was…
2Cases cited4 opinions
- People v. MatherNew York Supreme Court · 1830
- Starkey v. PeopleIllinois Supreme Court · 1855
- Ex parte VermilyeaNew York Supreme Court · 1826
- Ward v. StateIndiana Supreme Court · 1846
3Cited by20 opinions
- Cotton v. StateMississippi Supreme Court · 1872
- Conway v. StateMississippi Supreme Court · 1936
- Sprinkle v. StateMississippi Supreme Court · 1925
- Brown v. StateMississippi Supreme Court · 1879
- Jones v. StateMississippi Supreme Court · 1923
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