Taylor v. State

Mississippi Supreme Court

Taylor v. State

42 So. 608, 89 Miss. 671

DecidedNovember 15, 1906

StatusPublished

This text of 42 So. 608 (Taylor v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Taylor v. State, 42 So. 608, 89 Miss. 671 (Mich. 1906).

Pincite

Opinion

Calhoon, J.,

delivered the opinion of the court.

We would not reverse for the refusal to give the eleventh instruction asked by the defendant. It does not conform to that in Ammons v. State, 89 Miss., 369 (s.c., 42 South. Rep., 165). That contains the words “after free consultation with his fellows.” This does not, and, besides containing an improper reference to the court, might imply to a juror that his own view must be held to, regardless of argument from those on the panel who might differ from him. Little v. People, 157 Ill., 153 (42 N. E., 389). Instructions of this nature should be carefully guarded, so as not to foster prejudice or encourage obstinacy.

The assistant attorney-general, however, very commendably and properly admits error in the giving of the third and fourth instructions for the state, and we think for this the ease should be, and it is,

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Calhoon, J.,

delivered the opinion of the court.

We would not reverse for the refusal to give the eleventh instruction asked by the defendant. It does not conform to that in Ammons v. State, 89 Miss., 369 (s.c., 42 South. Rep., 165). That contains the words “after free consultation with his fellows.” This does not, and, besides containing an improper reference to the court, might imply to a juror that his own view must be held to, regardless of argument from those on the panel who might differ from him. Little v. People, 157 Ill., 153 (42 N. E., 389). Instructions of this nature should be carefully guarded, so as not to foster prejudice or encourage obstinacy.

The assistant attorney-general, however, very commendably and properly admits error in the giving of the third and fourth instructions for the state, and we think for this the ease should be, and it is,

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

42 So. 608, 89 Miss. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-miss-1906.

Opinion

Related

Cite This Page — Counsel Stack