Hughes v. State

Decided November 21, 1861

Mississippi Supreme Court · decided 1861-11-21

Nimrod Hughes was convicted, in the Circuit Court of Noxubee county, of grand larceny and sentenced to the penitentiary for two years, and appeals. On the trial Hiram Webb testified that he had a hog stolen from him in the latter part of December, 1880, and he lived about a half-mile from Nimrod Hughes, and the hog stayed around where Nimrod lived; that it was a pet pig and easily caught and was worth about $2.

Cited by 1 later decisions — most recently May 1933

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1861-11-21

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¶1Opinion.

Campbell, J.:

¶2If the jury believed the testimony of Annie Nicholson, it could not have done otherwise than to find a verdict of guilty. It was the peculiar province of tbe jury to determine the credit'due to the witness, and it is not for this court to review its conclusion on that matter. The evidence fully sustains the verdict.

¶3 *92Tbe effort to show a case of surprise against the consequences of which the court could relieve the prisoner, according to the settled rules on that subject, was a failure, and the court did right to refuse a new trial on that ground. We find no error in the record, after diligent search for it, and the judgment is therefore

¶4Affirmed.