material inquiry in Mississippi

1975In Clark v. State, 123 Miss. 147 , 85 So. 188 , the opinion said this: “The evidence as to who was the aggressor in the fatal encounter, on the solution of which the guilt or innocence of the appellant depends, being in irreconcilable conflict, the state of mind of each of the participants therein toward the other was a material inquiry, and any evidence pertaining thereto was relevant and, unless incompetent on some other ground, should have been admitted. “ ‘The law furnishes no test of relevancy.

1975In Clark v. State, 123 Miss. 147 , 85 So. 188 , the opinion said this: “The evidence as to who was the aggressor in the fatal encounter, on the solution of which the guilt or innocence of the appellant depends, being in irreconcilable conflict, the state of mind of each of the participants therein toward the other was a material inquiry, and any evidence pertaining thereto was relevant and, unless incompetent on some other ground, should have been admitted. “ ‘The law furnishes no test of relevancy.

1965Cinderella Foods, Division of Stevens Industries, Inc. v. Miller (Miss.), 52 So. 2d 641 ; Wheat v. Teche Lines, Inc., 181 Miss. 408 , 179 So. 553 .

1965Cinderella Foods, Division of Stevens Industries, Inc. v. Miller (Miss.), 52 So. 2d 641 ; Wheat v. Teche Lines, Inc., 181 Miss. 408 , 179 So. 553 .

2004Id. at 475 . "`The material inquiry in such cases is whether the defendant was prejudiced thereby, in other words, whether the use was such as to affect the mind of any of the jurors and thus deprive the defendant of the benefit of the condition of mind of each and all of the jurors to which he is entitled; and if it appears that the defendant was not prejudiced the verdict can not be reversed.'" Id. (quoting Territory v. Ferris, 15 Haw. 139 (1903).) ¶ 23.

1996Id. at 475 . "'The material inquiry in such cases is whether the defendant was prejudiced thereby, in other words, whether the use was such as to affect the mind of any of the jurors and thus deprive the defendant of the benefit of the condition of mind of each and all of the jurors to which he is entitled; and if it appears that the defendant was not prejudiced the verdict can not be reversed." Id. (quoting Territory v. Ferris, 15 Haw. 139 (1903). ¶23.

2004Id. at 475 . "`The material inquiry in such cases is whether the defendant was prejudiced thereby, in other words, whether the use was such as to affect the mind of any of the jurors and thus deprive the defendant of the benefit of the condition of mind of each and all of the jurors to which he is entitled; and if it appears that the defendant was not prejudiced the verdict can not be reversed.'" Id. (quoting Territory v. Ferris, 15 Haw. 139 (1903).) ¶ 23.

2004Id. at 475 . "`The material inquiry in such cases is whether the defendant was prejudiced thereby, in other words, whether the use was such as to affect the mind of any of the jurors and thus deprive the defendant of the benefit of the condition of mind of each and all of the jurors to which he is entitled; and if it appears that the defendant was not prejudiced the verdict can not be reversed.'" Id. (quoting Territory v. Ferris, 15 Haw. 139 (1903).) ¶ 23.

2004In King v. State, 580 So.2d 1182 (Miss.1991), this Court reviewed a similar circumstance.

1996In King v. State, 580 So.2d 1182 (Miss. 1991), this Court reviewed a similar circumstance.

1980Machinery Co. 244 Miss. 12 , 139 So.2d 838 (1964), wherein the Court said: The material inquiry in surety contracts in connection with construction enterprise is whether there is a purpose to benefit someone in addition to the one for whom the construction is being done.

1980Machinery Co. 244 Miss. 12 , 139 So.2d 838 (1964), wherein the Court said: The material inquiry in surety contracts in connection with construction enterprise is whether there is a purpose to benefit someone in addition to the one for whom the construction is being done.

1953Lum v. Lasch, 93 Miss. 81 , 46 So. 559 .

1953Lum v. Lasch, 93 Miss. 81 , 46 So. 559 .

2019Banyard, 47 So. 3d at 684 (quoting McHale, 233 So. 2d at 769 ).

2019Banyard, 47 So. 3d at 684 (quoting McHale, 233 So. 2d at 769 ).

2017“The material inquiry is whether or not the photograph is a fair and accurate reproduction and representation of conditions as they existed at the time of the [accident].” Id.

1970A material error in an instruction, complete in itself, is not cured by a correct statement of law in another instruction, for the jury cannot know which instruction is correct and the court cannot know which instruction influenced the jury. * * * ” In Shute’s Will, 251 N.C. 697 , 111 S.E.2d 851 (1960), the North Carolina Supreme Court expressed this rule in a more forceful manner by pointing out that if an erroneous and a correct instruction are given on a material matter, a new trial must be granted.

1970A material error in an instruction, complete in itself, is not cured by a correct statement of law in another instruction, for the jury cannot know which instruction is correct and the court cannot know which instruction influenced the jury. * * * ” In Shute’s Will, 251 N.C. 697 , 111 S.E.2d 851 (1960), the North Carolina Supreme Court expressed this rule in a more forceful manner by pointing out that if an erroneous and a correct instruction are given on a material matter, a new trial must be granted.

1963In the case of Cunningham v. Lockett, 216 Miss. 879 , 63 So. 2d 401 (1953), this Court held that blood alone is not sufficient to furnish the basis for a confidential relationship, but the material inquiry is whether at the very time the incident occurred the party claiming the confidential relationship possessed the mental capacity to understand and appreciate the nature and effect of *837 the act being done.

1963In the case of Cunningham v. Lockett, 216 Miss. 879 , 63 So. 2d 401 (1953), this Court held that blood alone is not sufficient to furnish the basis for a confidential relationship, but the material inquiry is whether at the very time the incident occurred the party claiming the confidential relationship possessed the mental capacity to understand and appreciate the nature and effect of *837 the act being done.

1961Company, 210 Miss. 63 , 48 So. 2d 630 ; Gulf, Mobile & Ohio R.R.

1961Company, 210 Miss. 63 , 48 So. 2d 630 ; Gulf, Mobile & Ohio R.R.

1946In the case of Self v. State, 178 Miss. 560 , 174 So. 44, 46 , quoting from the case of Clark v. State, 123 Miss. 147 , 85 So. 188 , it was said: “The evidence as to who was the aggressor in the fatal encounter, on the solution of which the guilt or innocence of the appellant depends, being in irreconcilable conflict, the state of mind of each of the participants therein toward the other was a material inquiry, and any evidence pertaining’ thereto 'was relevant and, unless incompetent on some other ground, should have been admitted.” We are therefore of the opinion that while this case is not

1946In the case of Self v. State, 178 Miss. 560 , 174 So. 44, 46 , quoting from the case of Clark v. State, 123 Miss. 147 , 85 So. 188 , it was said: “The evidence as to who was the aggressor in the fatal encounter, on the solution of which the guilt or innocence of the appellant depends, being in irreconcilable conflict, the state of mind of each of the participants therein toward the other was a material inquiry, and any evidence pertaining’ thereto 'was relevant and, unless incompetent on some other ground, should have been admitted.” We are therefore of the opinion that while this case is not

1932Lum v. Lasch, 93 Miss. 81 , 46 So. 559 ; Scally v. Wardlaw, 123 Miss. 857 , 86 So. 625 ; Ellis v. Ellis, 160 Miss. 345 , 134 So. 150 ; Brock v. Luckett's Ex'rs, 4 How, 459.

1932Lum v. Lasch, 93 Miss. 81 , 46 So. 559 ; Scally v. Wardlaw, 123 Miss. 857 , 86 So. 625 ; Ellis v. Ellis, 160 Miss. 345 , 134 So. 150 ; Brock v. Luckett's Ex'rs, 4 How, 459.

1932Lum v. Lasch, 93 Miss. 81 , 46 So. 559 ; Scally v. Wardlaw, 123 Miss. 857 , 86 So. 625 ; Ellis v. Ellis, 160 Miss. 345 , 134 So. 150 ; Brock v. Luckett's Ex'rs, 4 How, 459.

1932Lum v. Lasch, 93 Miss. 81 , 46 So. 559 ; Scally v. Wardlaw, 123 Miss. 857 , 86 So. 625 ; Ellis v. Ellis, 160 Miss. 345 , 134 So. 150 ; Brock v. Luckett's Ex'rs, 4 How, 459.

1881Hairston v. Hairston, 30 Miss. 276 ; James v. Shrimpton, L.