Legal Opinion

Rattray v. State

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 2 opinions

Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. At the October term, 1882, of the Circuit Court of Adams County, the appellant, David Rattray, was indicted by the grand jury for libel.

Read the full summary

Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. At the October term, 1882, of the Circuit Court of Adams County, the appellant, David Rattray, was indicted by the grand jury for libel. The indictment was in the following words : “That D. Rattray and Leon C. Duchesne, late of said county of Adams, on the 9th day of September, in the year of our Lord, 1882, in the county aforesaid, unlawfully and maliciously contriving and intending to .vilify and defame one T. C. Pollock, president of the board of supervisors of Adams County and to bring him into public scandal and…

1Opinion of the CourtChalmers, J.

We pretermit a decision upon the various questions that arose upon the trial because we are of opinion that it was erroneous to have proceeded with the trial in Adams County against the objections of the accused and after the court in that county had decided that a fair and impartial trial could not be had there. The accused, by his own affidavit and that of two credible witnesses, satisfied the court that this was impossible, and thereupon the motion for a change of venue was sustained and the venue was changed to Jefferson County; but this order was accompanied with the requirement that the…

2Cases cited2 opinions

  1. Ammons v. StateSupreme Court of Florida · 1861
  2. Haglin & Pope v. RogersSupreme Court of Arkansas · 1881

3Cited by2 opinions

  1. State v. DowdSupreme Court of Kansas · 1888
  2. State v. HartungSupreme Court of Minnesota · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API