Cases Argued and Decided in the Supreme Court of Mississippi Volume 32

Cases Argued and Decided in the Supreme Court of Mississippi Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: the issue. We might have been willing to have madethis proof from the witness of the State, but not from our own witness. His answer would have been conclusive on the State. As its witness, his credit could not have been impeached; as ours it might. The court below refused us this benefit, for it expressly refused permission to cross-examine him as the witness of the State; but said we might recall him and make him our witness. This was in violation of the rule as uniformly established in England, and with equal uniformity held by the State Courts in this country; the Supreme Court of the United States, being the only exception. The court below erred in giving the 7th charge asked by the prisoners, with the addition annexed. The charge asked for, was that " the jury must be satisfied from the evidence and the evidence only, that a conspiracy existed, and they cannot infer it from any thing not in proof before them." This is unquestionably law, but the court added the following, viz: "a conspiracy does not imply a previous meeting and formal agreement of the parties. It is suflicient if they were present with a common felonious intent." Our legislature has declared that for the better preservation of the sanctity of the trial by jury pure and uninfluenced, no judge " shall charge the jury on points or principles of law, applicable to the case before them, unless the parties to such issue or their counsel differ in opinion as to the same; or one of the parties or counsel shall ask the charge of said judge to be given upon some point in controversy in said issue, which shall be distinctly specified in writing by the party asking such charge; and the judge shall charge to no other point than that to which his...
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Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • English
  • Illustrations, black and white
  • 1236904494
  • 9781236904492