Mccann v. State
Mississippi Supreme Court
Error to Lowndes circuit court. Ro&ees, J. At the September term, 1848, of the court below, the grand jury returned into court, through their foreman, an indictment against James McCann, for murder, and John F. Toland for being accessory to the murder of Andrew Toland. The indictment contained two counts.
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Error to Lowndes circuit court. Ro&ees, J. At the September term, 1848, of the court below, the grand jury returned into court, through their foreman, an indictment against James McCann, for murder, and John F. Toland for being accessory to the murder of Andrew Toland. The indictment contained two counts. The first against Mc-Cann, charging him with the murder of Andrew Toland by shooting him with a pistol on the bach of the head, on the 1st day of April, 1847. It is in the common law form, and concludes, “ against the peace,” &c. The second count charges John F. Toland as accessory before…
1Opinion of the Court
Clayton, J.:
This was an indictment in the circuit court of Lowndes county for murder. The prisoner was convicted upon circumstantial evidence, and has brought his ease to this cburt for revision.
There are but three acts of the circuit court complained of by bill of exceptions; one, the admission of certain testimony; the others, the refusal to give two charges asked by the counsel of the defendant. Upon these we shall remark in conclusion, and shall first consideT the refusal to grant a new trial.
• This point has been pressed with great earnestness, and it has been insisted with much zeal,…
2Cases cited1 opinion
- White v. CommonwealthSupreme Court of Pennsylvania · 1813
3Cited by8 opinions
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- Bone v. StateMississippi Supreme Court · 1949
- Davis v. StateMississippi Supreme Court · 1957
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