Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided October 15, 1900PublishedCited by 7 opinions

From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. Brown, the appellant, was indicted for the murder of one Harden, convicted of manslaughter, and appealed to the supreme court. The facts are stated in the opinion of the court. The admission of the testimony of witnesses, Seal and Duck-worth, over appellant’s objection, was error.

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From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. Brown, the appellant, was indicted for the murder of one Harden, convicted of manslaughter, and appealed to the supreme court. The facts are stated in the opinion of the court. The admission of the testimony of witnesses, Seal and Duck-worth, over appellant’s objection, was error. The statements of the decedent certainly were no part of the res gestee of the homicide; they were made several hours after the conflict'and were narratives of past events. They could not be introduced as dying declarations, for there was…

1Opinion of the CourtTerral, J.

Jonah Brown, with two others, was indicted in the circuit court of Harrison county for the murder of Syd Harden, and being separately tried for said offense, .was convicted of manslaughter. Upon his trial threats made by him against the life of Harden were given in evidence. In addition to the threats, Susan Camp testified that she lived in the immediate neighborhood of the homicide, and that she heard three shots fired, and that they (meaning, of course, more than one) passed in front of her gate, when she heard the defendant say, ! £ Did you see that nigger jump when I shot him ? ”

Judge…

2Cases cited1 opinion

  1. Kendrick v. StateMississippi Supreme Court · 1877

3Cited by7 opinions

  1. Marshall v. StateSupreme Court of Alabama · 1929
  2. Griffith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Mitchell v. StateMississippi Supreme Court · 1934
  4. Garner v. StateMississippi Supreme Court · 1919
  5. Mumford v. StateSupreme Court of Florida · 1915

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