Legal Opinion

Edwards v. State

Mississippi Supreme Court

Decided April 15, 1873PublishedCited by 10 opinions

Error to the circuit court of Noxubee county. Orr, J. A statement of the case appears in the opinion of the court. I. An attorney-at-law must be regularly employed before he is authorized to appear in a cause, and must produce his power or authority when disputed by the adverse party. 4 How. (Miss.) 333; 27 Miss. 567; Ex parte Gillespie, 3 Yerg. 325; the State v. Hayes, 23 Mo. 293; Douglass v. the State, 6 Yerg. 528, 529; 5 ib. 361; 2 Wash.

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Error to the circuit court of Noxubee county. Orr, J. A statement of the case appears in the opinion of the court. I. An attorney-at-law must be regularly employed before he is authorized to appear in a cause, and must produce his power or authority when disputed by the adverse party. 4 How. (Miss.) 333; 27 Miss. 567; Ex parte Gillespie, 3 Yerg. 325; the State v. Hayes, 23 Mo. 293; Douglass v. the State, 6 Yerg. 528, 529; 5 ib. 361; 2 Wash. C. C. 429. The record shows that there was “ no prosecutor,” and no appointment by the court. Counsel appeared without the request of any one, so far as…

1Opinion of the Court

Tarbell, J.:

The plaintiff in error was indicted, tried and convicted in the circuit court of Noxubee county, of the murder of Patrick Brooks. The homicide occurred in November, 1871, and the trial was had in May, 1872. A writ of error was prosecuted to have the proceedings on the trial reviewed by this court. We have minutely, examined the record, and fully considered the arguments of counsel. In our view of this case, a brief *586answer only is required to the several assignments of error.

1. On motion of the accused, a special venire of seventy-five was ordered by the court, and drawn in his…

2Cases cited4 opinions

  1. McKenna v. FiskSupreme Court of the United States · 1843
  2. Dyson v. StateMississippi Supreme Court · 1872
  3. Tompkins v. WeeksCalifornia Supreme Court · 1864
  4. Griffin v. StateSupreme Court of Georgia · 1854

3Cited by10 opinions

  1. Newell v. StateMississippi Supreme Court · 1975
  2. Wood v. StateIndiana Supreme Court · 1883
  3. Tull v. State ex rel. GlessnerIndiana Supreme Court · 1884
  4. State v. TylerSupreme Court of Iowa · 1904
  5. Goldsby v. StateMississippi Supreme Court · 1960

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