Powell v. State

Mississippi Supreme Court
Powell v. State, 61 Miss. 319 (Miss. 1883)
Chalmers

Powell v. State

Opinion of the Court

Chalmers, J.,

delivered the opinion of the court.

Appellant 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.

Affirmed.

Reference

Full Case Name
Wilson Powell v. State
Cited By
7 cases
Status
Published
Syllabus
Criminal Law. Indicia of crime. Sent to jury-room. On the trial of a party for stealing a hog, a portion of the animal stolen was produced before the jury for the purpose of identification. After the jury had retired they sent a written request to the judge, that the piece of flesh produced on the trial should be sent to the jury-room for further scrutiny. The judge complied with the request. Held, that this was not error.