Legal Opinion

Yarbrough v. State

Mississippi Supreme Court

Decided March 15, 1893PublishedCited by 31 opinions

From the circuit court of Winston county. Hon. A. G-. Mayers, Judge. Appellant was convicted of murder, and' sentenced to the penitentiary for life. The opinion- contains a sufficient statement of the ease to indicate the point decided.

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From the circuit court of Winston county. Hon. A. G-. Mayers, Judge. Appellant was convicted of murder, and' sentenced to the penitentiary for life. The opinion- contains a sufficient statement of the ease to indicate the point decided. To this statement it may be added that there was testimony tending to show certain confessions made by the accused,-and evidently it was to this testimony counsel for the prosecution was alluding when he was interrupted by the court as shown in the opinion. While it may be true that the statute was technically violated by the action of counsel for the state in…

1Opinion of the CourtWoods, J.

In his argument of the case before the jury, one of the attorneys for the prosecution used this language, viz.: “Defendant has not taken the stand, which is his privilege under the law, and no inference can be drawn from the fact — ,” when the court interrupted counsel, and directed him not to make any comment. The counsel then resumed his address, and said: “ Unfortunately for the defendant, he has not, in this case, for he has immolated himself on an altar of his own erection.” This failure of counsel for the state to heed the presiding judge’s admonition, and his persistent disregard of a…

2Cited by31 opinions

  1. Livingston v. StateMississippi Supreme Court · 1988
  2. Lee v. StateMississippi Supreme Court · 1983
  3. Baldwin v. StateMississippi Supreme Court · 2001
  4. Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
  5. Monroe v. StateMississippi Supreme Court · 1987

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