Cases Argued and Decided in the Supreme Court of Mississippi Volume 75

Cases Argued and Decided in the Supreme Court of Mississippi Volume 75

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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. 1898 edition. Excerpt: ... the jury was polled, and counsel could not have had anything more than that done if present," no harm resulted to the accused. But that was said with reference to the point _ there made--that the jury were polled in the absence of counsel for the defendant. As the only thing there insisted upon was the mere polling of the jury, in the ordinary form, and as the court did that thing, of course as to that point no prejudicial error was committed. But in that very case it was held that it was "proper" for the court to have inquired of the jury what was meant by the addition to the finding of guilty the words "and plead the mercy of the court," and the court expressed the wish that this "apparent cloud upon the verdict had been dispelled." In S/zine v. State, 42 Miss., 333, it was held that, "where a verdict is uncertain, ambiguous, or informal, the court has the most unquestionable right to direct the jury to correct the form of their verdict before discharging them." There, in a prosecution for grand larceny, the jury had failed to find the value. Gibson v. State, 38 Miss., 310, 311, is directly in point. That was an indictment for assault and battery with intent to Opinion of the court. kill and murder. The verdict was: "We, the jury, find the accused guilty of an attempt to commit manslaughter, but earnestly recommend him to the mercy of the court, believing that the higher penalties inflicted for the actual committal of such offenses would be more severe than the circumstances attending the case would require." The court asked the jury "if they found the accused not guilty of an assault and battery with intent to kill and murder, and found him guilty of an assault more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • United States
  • English
  • black & white illustrations
  • 1236795660
  • 9781236795663