Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 102Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George E.W. Stephens Publishing Company, 1913 |
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Page 16
... jury should convict if they believed defendant guilty beyond every reasonable doubt arising from the evidence " or from the want of evidence " was erroneous . 2. SAME . If there is a " lack of evidence " there is no basis for the jury ...
... jury should convict if they believed defendant guilty beyond every reasonable doubt arising from the evidence " or from the want of evidence " was erroneous . 2. SAME . If there is a " lack of evidence " there is no basis for the jury ...
Page 17
... jury were told that if they be- lieved this defendant guilty beyond every reasonable doubt from the evidence in the case , or from the lack of evidence , that they were thereby directed and com- manded not only to convict this defendant ...
... jury were told that if they be- lieved this defendant guilty beyond every reasonable doubt from the evidence in the case , or from the lack of evidence , that they were thereby directed and com- manded not only to convict this defendant ...
Page 18
... jury was accepted , I presume that they were asked as to whether or not they had formed or expressed an opinion in regard to the guilt or innocence of the de- fendant , and if they would try the case upon the law and testimony ...
... jury was accepted , I presume that they were asked as to whether or not they had formed or expressed an opinion in regard to the guilt or innocence of the de- fendant , and if they would try the case upon the law and testimony ...
Page 19
... jury convicting appel- lant , and under the circumstances the punishment is a merciful one ; appellant having been sent to the peniten- tiary for life . This boy was murdered about daylight , on the morning of the 26th of December ...
... jury convicting appel- lant , and under the circumstances the punishment is a merciful one ; appellant having been sent to the peniten- tiary for life . This boy was murdered about daylight , on the morning of the 26th of December ...
Page 20
... jury a false guide to be used by them in weighing the testimony . The lack of evidence is a thing beneficial to the cause of the defendant , and the jury should be told this in plain terms , if an instruction is asked on this line . If ...
... jury a false guide to be used by them in weighing the testimony . The lack of evidence is a thing beneficial to the cause of the defendant , and the jury should be told this in plain terms , if an instruction is asked on this line . If ...
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59 South action Affirmed alleged amount appellant's appellee assessment authority bank bill board of supervisors bond Brief for appellant carrier cause cent chancery court charged circuit court cited claim Code commissioner complainants Constitution contention contract convicted counsel court of equity crime damages declaration decree deed of trust defendant delivered the opinion demurrer district dollars election equity error evidence executed facts are fully filed forgery Frank Johnston held Illinois Central Railroad indictment indorsement instruction Jackson county judge judgment jurisdiction jury justice land legislature liable lien ment Miss Mississippi Mississippi river offense paid parties person plaintiff pleadings purchase question railroad company Rankin County reason record res adjudicata rule Simpson county sold statute submit subrogation suit supersedeas Supreme Court surety sustained taxes testimony thereof tion valid verdict void witness
Popular passages
Page 436 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 833 - This case is decided upon an economic theory which a large part of the country does not entertain.
Page 813 - The liberty mentioned in that amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that...
Page 829 - ... the Constitution of the United States, which is necessarily and to a large extent inflexible and exceedingly difficult of amendment, should not be so construed as to deprive the States of the power to so amend their laws as to make them conform to the wishes of the citizens as they may deem best for the public welfare without bringing them into conflict with the supreme law of the land.
Page 430 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 833 - The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same...
Page 86 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year...
Page viii - First District, Second District, - - Third District, Fourth District, Fifth District, Sixth District, Seventh District, Eighth District, - - ' Ninth District, Tenth District, Eleventh District...
Page 825 - That all political power is vested in and derived from the people; that all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Page 230 - ... any fact which clearly proves it to be against conscience to execute a judgment and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.