State v. Ireland
| Citation | 42 So. 797,89 Miss. 763 |
| Court | United States State Supreme Court of Mississippi |
| Decision Date | 11 February 1907 |
| Parties | STATE OF MISSISSIPPI v. DUNBAR IRELAND |
November 1906
FROM the circuit court of Adams county, HON. MOYSE H. WILKINSON Judge.
Ireland the appellee, was indicted and tried for an assault and battery with intent to kill. After the state had closed its case, the trial court sustained defendant's motion to exclude the evidence, and directed a verdict of acquittal. The state appealed to the supreme court.
Defendant's only plea to the indictment was not guilty. The testimony showed tat one Johnson and several others were returning home at night in a wagon from the Madri Gras festivities at Natchez, when the appellee and another drove up behind them and requested to be allowed to pass. As appellee passed, he fired his pistol, presumably at random, the ball striking Johnson, fracturing his arm. There was no evidence of malice, Johnson testifying that he and the appellee were on friendly terms at the time, and that appellee was trying to shoot over the wagon.
The state introduced as a witness one Lazarus, a justice of the peace of the county, before whom defendant had been tried on a charge of assault and battery predicated of the same shooting, and, without the production of his court record, proved that defendant had pleaded guilty to a charge of assault and battery before his court. On cross-examination the appellant was allowed to prove by the witness, over the objection of the state, that he had been fined $ 100 and costs, and had paid the same. The state having rested its case, the appellee moved the trial court to exclude the evidence and direct the jury to find a verdict in appellee's favor, "because no malice was shown upon the part of appellee, and because the appellee had already been tried and convicted of an assault and battery, " and the motion was sustained.
R. V. Fletcher, assistant attorney-general, for appellant.
The appellee, Ireland, was indicted for assault and battery with intent to kill. The proof shows that one dark night thirteen negroes were riding along the highway in a wagon. Appellee and another person drove up behind the wagon, and as they passed it, Ireland fired his pistol and wounded Johnson in the arm. It was shown that Ireland had pleaded guilty in the court of a justice of the peace to an assault and battery and had paid a fine of $ 100. At the close of the state's testimony the circuit court sustained appellee's motion to exclude the evidence as being insufficient to support a verdict, on the ground that no malice was shown, and that there could be no intent to kill, and for the further reason that appellee could not be convicted of assault and battery because he had been formerly convicted of this offense in a court of competent jurisdiction.
The state has prosecuted this appeal under Code 1906, § 40. I think it my duty to say that some doubt exists as to whether, on one question raised, this court can entertain an appeal of this nature on the facts set forth in the record. State v. Willingham, 86 Miss. 203 (S.C., 38...
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Bufkin v. State
...... There was no plea of former jeopardy interposed in this. record, and no proof introduced to show any other conviction. or acquittal. And in order to avail of former jeopardy it. must be pleaded. Ball v. State, 67 Miss. 358, 7 So. 353; Logan v. State (Miss.), 40. So. 323; State v. Ireland, 89 Miss. 763, 42. So. 797; Miazza v. State, 36 Miss. 613; 2. Morris' State Cases, 1205. We have no knowledge of a. judicial nature of anything outside of the record in this. case that may have occurred, and can have none except from. the record. We will not and cannot look to other cases. ......
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State v. Sisk
...more ado. However, we have entertained appeals by the State from adverse rulings on the admission or exclusion of evidence. State v. Ireland, 89 Miss. 763, 42 So. 797; State v. McMullins, 156 Miss. 663, 126 So. 662, 663; State v. Johnson, 166 Miss. 591, 148 So. 389. We, therefore, address o......
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...(1950); State v. Johnson, 166 Miss. 591, 148 So. 389 (1933); State v. McMullins, 156 Miss. 663, 126 So. 662 (1930); and State v. Ireland, 89 Miss. 763, 42 So. 797 (1906). However, an examination of these reveals that there was a final judgment acquitting the defendant; therefore, the appeal......