Helm v. State
Mississippi Supreme Court
From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. At the June term, 1888, of the circuit court, the appellant, on plea of notguilty, was put on trial under an indictment for murder, before a legally constituted jury.
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From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. At the June term, 1888, of the circuit court, the appellant, on plea of notguilty, was put on trial under an indictment for murder, before a legally constituted jury. The minutes of the court showed the regularity of the proceedings, that the trial was commenced on June 18 and continued through several days and until J une 25, when the cause was submitted to the j ury, and that on the same day they returned into court and reported that they could not agree, and were thereupon discharged, against the consent of the accused.…
1Opinion of the CourtArnold, C. J.
The record proper, shows in regard to the discharge of the jury, that after they retired to consider of their verdict, they came into open court and reported, that they could not agree on a verdict, ■and that therefore they were discharged, and that the defendant, appellant here, objected to their being discharged.
In the absence of proof to the contrary, the action of the court in discharging the jury, would be presumed to be correct. Price v. The State, 36 Miss. 531. But the so-called bill of exceptions is no-part of the record, and the motion to strike it from the record,, should have been…
2Cases cited10 opinions
- Nolan v. StateSupreme Court of Georgia · 1875
- Price v. StateMississippi Supreme Court · 1872
- Atkins v. StateSupreme Court of Arkansas · 1855
- Teat v. StateMississippi Supreme Court · 1876
- McCauley v. StateSupreme Court of Alabama · 1855
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3Cited by6 opinions
- Allen v. StateSupreme Court of Florida · 1906
- Lipscomb v. StateMississippi Supreme Court · 1898
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Pittman v. StateMississippi Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.