Clarke v. Pierce
Mississippi Supreme Court
Prom the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Clarke, appellant, was plaintiff, and Pierce, appellee, defendant in the court below. After the case had been submitted and the jury had retired to consider of their verdict, they requested the court to further instruct them.
Read the full summary
Prom the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Clarke, appellant, was plaintiff, and Pierce, appellee, defendant in the court below. After the case had been submitted and the jury had retired to consider of their verdict, they requested the court to further instruct them. The plaintiff thereupon presented to the court a written instruction, and asked that it should be given; the defendant objected to the jury being further instructed, and the court below refused the instruction-asked by plaintiff, alone because it was asked after the jury had retired. The court’s…
1Opinion of the CourtWhitfield, C. J.
In respect to the right and duty of the court to give further instructions to the jury after they have retired, the principle is stated to be this in 2 Enc. PI. & Prac., 283-285, inclusive: That the court may give the jury any instruction necessary to the accomplishment of justice in the case, at any time before the-verdict is received, of its own motion; and,, secondly, upon request of the jury; and, thirdly, that where the jury requests further instructions it is “not only the right, but the duty, of the court to reinstruct upon any question of law, arising from the facts proven, on which…
2Cases cited1 opinion
- Duncan v. StateMississippi Supreme Court · 1873
3Cited by2 opinions
- Goss v. StateMississippi Supreme Court · 1949
- Arledge v. McFatterMississippi Supreme Court · 1992