Legal Opinion

Murrah v. State

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 4 opinions

Appeal from the Chancery Court of Colfax County. Hon. W. D. Frazee, Chancellor. The appellant was tried and convicted at the-term of the circuit court of Colfax county, for unlawfully marking the animals of another, without authority, and was sentenced by the court to three years imprisonment in the penitentiary. From this judgment, he sued out a writ of error, with a supersedeas, which case is now pending and undetermined in this court.

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Appeal from the Chancery Court of Colfax County. Hon. W. D. Frazee, Chancellor. The appellant was tried and convicted at the-term of the circuit court of Colfax county, for unlawfully marking the animals of another, without authority, and was sentenced by the court to three years imprisonment in the penitentiary. From this judgment, he sued out a writ of error, with a supersedeas, which case is now pending and undetermined in this court. Before the case was decided in this court, he sued out a writ of habeas corpus before the chancellor of his district, asking, not for bail, but to be…

1Opinion of the Court

Tarbell, J".,

delivered the opinion of the court.

The plaintiff in error was indicted, tried and convicted in the county of Colfax, under § 2508 of the Code, which provides that, “if any person, knowingly, shall mark or brand any animal, the property of another, with a mark or brand not that of the owner, without the consent of the owner, or without authority of law, he shall, on conviction thereof, be imprisoned* in the penitentiary, not more than three years, or be fined in a sum not more than five hundred dollars, or imprisoned in the common jail for a period not longer than one year, or…

2Cases cited5 opinions

  1. Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
  2. Steen v. SteenMississippi Supreme Court · 1853
  3. Davis v. William M. Tileston & Co.Supreme Court of the United States · 1848
  4. M'Ewin v. StateMississippi Supreme Court · 1872
  5. Mandeville v. StockettMississippi Supreme Court · 1854

3Cited by4 opinions

  1. Farmer v. Union Ins. Co. of IndianaMississippi Supreme Court · 1927
  2. State v. BoydMississippi Supreme Court · 1915
  3. Lewis v. StateMississippi Supreme Court · 1929
  4. Andrews v. StateMississippi Supreme Court · 1954

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