Powell v. State

Decided October 15, 1883

Mississippi Supreme Court · decided 1883-10-15

Hon. J. B. Chrisman, Judge. The facts are stated in the opinion. The defendant had been put upon his trial. He had been confronted by the witnesses against him. They had been subjected to' cross-examination. A piece of meat claimed to be a part of the meat hog stolen had been exhibited to and “carefully examined by the jury,” and witnesses had testified on direct and cross-examination as to its identity and the marks by which they identified.

Good law ✅— No negative treatment on recordhow we know

Decided 1883-10-15

How this case has been cited

Cited by 7 later decisions — most recently February 1982

7 state decisions

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.

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Chalmers, J.,

¶1delivered the opinion of the court.

¶2Appellant was convicted of grand larceny in having stolen a sow. There was introduced in evidence against him a piece of fresh pork found in his cabin, and the identification of this piece of meat as being a portion of the carcass of the stolen animal was the principal-question litigated in the trial before the jury. After the jury retired to their room to consider of their verdict, they sent a message to the court desiring to have the meat sent to them, which the court did and the action of the court in so doing is assigned for error. It being shown and admitted that the meat sent to the jury was the same adduced and testified about on the trial, and that its condition remained unchanged in the meantime, we do not per*321ceive any prejudice could have accrued to the appellant by submitting it to further scrutiny in the jury-room.

¶3Affirmed.