Cases Argued and Decided in the Supreme Court of Mississippi Volume 53

Cases Argued and Decided in the Supreme Court of Mississippi Volume 53

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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. 1877 edition. Excerpt: ...is as follows: " An alibi, --that is, the absence of the pris0ner from the scene of the crime at the time of its commis '.1 sion, --when established to the satisfaction of the jury, is the most conclusive character of evidence; and if the jury believe an alibi has been satisfactorily established by the evidence in this case, they should acquit the defendant." It does seem to us that this charge embodies a self-evident proposition, and renders it unnecessary for us, therefore, to refer to authorities in support of it. What could be better and more satisfactory proof of the innocence of the accused than the fact that he was not at the place of the killing. If not there, of course it is impossible that he could be the guilty party. No charge given to the jury embraces the principle as fully and specifically as the one under discussion. The jury had a clear right to know, or, rather, the defendant had a right to demand that they should know, the full extent and meaning of an alibi, and its consequent effect; and the failure and refusal of the court to give them the necessary and proper information was disastrous to the defendant. We suppose that no one ever seriously doubted the correctness of the proposition, or that any court ever before refused to give such a charge. George E. Harris, Attorney-General, for the State, made an oral argument, and filed an elaborate brief, making the following points: --1. The facts in this case, though the evidence is circumstantial, are deemed to be of such a conclusive nature as to warrant the jury in finding a verdict of guilty. A previous grudge, a former difiiculty, numerous threats at different times and places and to difierent persons, made by the accused against the life of the deceased, are...show more

Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236876067
  • 9781236876065