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153 Miss. 696

122 So 199

Eady v. State

Mississippi Supreme Court

Decided May 6, 1929

Mississippi Supreme Court · decided 1929-05-06

Key passage — most relied on by later courts

“It is rarely the case that this court will notice, on a suggestion of error, a new contention, one not assigned or argued on the submission of the case. As a general rule it is no more permissible on appeal to present a case in halves or by piece-meal than it would be on the original trial”

quoted by 2 later decisions, including Delta Cotton Oil Co. v. Elliott, Warren County v. Mississippi River Ferry Co.

Relies on Mars v. Germany · Butler v. State · Hatto v. Brooks

Good law ✅— No negative treatment on recordhow we know

Decided 1929-05-06

How this case has been cited

Cited by 8 later decisions — most recently March 1952

8 state decisions

601929193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Gsieeith, J.

¶1 One of the appellants, in a suggestion of error, now for the first time raises the question and urges upon us that the evidence as to him, taking all the testimony in behalf of the state as true, is not sufficient to sustain the verdict. This contention was not embraced in the assignment of errors, nor was it mentioned in the briefs of appellants on the submission of the case on the original hearing of the appeal. It is rarely the case that this court will notice, on a suggestion of error, a new contention, one not assigned or argued on the submission of the case. As a general rule it is no more permissible on appeal to present a case in halves or by piecemeal than it would be on the original trial. Tunstall v. Walker, 2 Smedes & M. 685; Ramsey v. Barbaro, 12 Smedes & M. 293; Hatto v. Brooks, 33 Miss. 575; Lusk v. Seal, 129 Miss. 233, 91 So. 386; Mars v. Germany, 135 Miss. 389, 100 So. 23; Ewing v. Warren, 144 Miss. pages 255, 256, 109 So. 601; Wilson v. Stark, 146 Miss. 505, 112 So. 390.

¶2 Overruled.

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