Campbell v. State
Mississippi Supreme Court
On Thursday morning, November 9, 1882, Henry White was found dead by the side of a road about three-quarters of a mile southeast of Eudóra. His throat had been cut, a razor cover was found near the body, a hat and two sticks were also found lying near by. On the evening before Henry White and a negro, identified as being the defendant, were seen by several witnesses walking together toward Endora, and both of them carried sticks.
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On Thursday morning, November 9, 1882, Henry White was found dead by the side of a road about three-quarters of a mile southeast of Eudóra. His throat had been cut, a razor cover was found near the body, a hat and two sticks were also found lying near by. On the evening before Henry White and a negro, identified as being the defendant, were seen by several witnesses walking together toward Endora, and both of them carried sticks. Evidence offered by defendant was that at about the time of the murder he was working on the steamer Dean Adams, plying between Arkansas City and Memphis, and that…
1Opinion of the Court
Opinion.
2Per curiam
^Repeated examinations of the facts disclosed by the record impress us with the conviction that another trial should be awarded to the accused. It is so ordered.
Judgment reversed.
This court will not grant a new trial merely because the evidetfloo preponderates against the verdict, if there be proof legally conducing to the verdict. Dickson v. Parker, 3 How. 219.
Unless it be clearly against the evidence, or the palpable preponderance of evidence. Bowers v. Johnson, 10 S. & M. 169; Elzy v. Stone, 5 S. & M. 21; Fisher v. Leach, 10 S. & M. 313; Harris v. Halliday, 4 How. 338.
But if the…
3Cases cited16 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Monroe v. StateMississippi Supreme Court · 1893
- Cicely v. StateMississippi Supreme Court · 1872
- Guion v. DohertyMississippi Supreme Court · 1871
- Prewett v. CoopwoodMississippi Supreme Court · 1855
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