Legal Opinion

Martin v. Copiah County

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 4 opinions

Erom the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Section 1387, code 1892, is as follows: “A person who shall arrest any one who has killed another and is fleeing or .attempting to flee before arrest, and shall deliver him up for trial, shall be entitled to the sum of one hundred dollars out ■of/the treasury of the county in which the homicide occurred, upon the allowance of the circuit court and of the board of ■supervisors of the county in the manner…

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Erom the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Section 1387, code 1892, is as follows: “A person who shall arrest any one who has killed another and is fleeing or .attempting to flee before arrest, and shall deliver him up for trial, shall be entitled to the sum of one hundred dollars out ■of/the treasury of the county in which the homicide occurred, upon the allowance of the circuit court and of the board of ■supervisors of the county in the manner provided by law.” Appellant, Martin, asked an allowance by the circuit court of the reward provided by the above section,…

1Opinion of the CourtCampbell, C. J.

The statute allowing a reward for the arrest and delivery of one “who has killed another and is fleeing,” etc., has relation to the cause of death, as held in Newton County v. Wells, 67 Miss., 151, and therefore the reward is payable by the county in which the cause of death is given. The question now presented is, whether, for the reward, the person killing may be said to have killed another when the mortal blow is struck of which the person soom dies, although death does not occur until after the arrest of the fugitive who gave the mortal wound.

The manifest purpose of the act giving a…

2Cases cited1 opinion

  1. Board of Supervisors v. WellsMississippi Supreme Court · 1889

3Cited by4 opinions

  1. State v. MinsterCourt of Appeals of Maryland · 1985
  2. Hewitt v. LambSupreme Court of Georgia · 1908
  3. Edwards v. SweigertCalifornia Court of Appeal · 1911
  4. Newton County v. DoolittleMississippi Supreme Court · 1895

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