Bass v. State, 43641
| Citation | 183 So.2d 483,254 Miss. 723 |
| Decision Date | 28 February 1966 |
| Docket Number | No. 43641,43641 |
| Parties | Richard BASS v. STATE of Mississippi. |
| Court | United States State Supreme Court of Mississippi |
R. Jess Brown, Jackson, Melvin L. Wulf, New York City, Wm. G. Kopit, Scarsdale, N. Y., Paul Chevigny, New York City, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.
This case was reversed and remanded for reasons set out in an opinion of this Court delivered on February 7, 1966, 182 So.2d 591.
The appellant has now suggested that the Court erred in remanding the case for a new trial, and should have given judgment here discharging him. The suggestion of error is based upon a statement in the opinion that the trial court erred in admitting, in rebuttal, testimony by the victim identifying appellant by his voice. It is argued that we held this testimony to be incompetent and that without it the evidence against appellant is wholly circumstantial, and insufficient to exclude every reasonable hypothesis except that of guilt.
Appellant is in error in his construction of the Court's opinion with respect to the testimony offered. It was not decided that this testimony was incompetent, but only that testimony identifying appellant as the attacker was part of the prosecution's case in chief and that it was error to permit it to be introduced in rebuttal.
The suggestion of error is overruled.
Suggestion of error overruled.
All Justices concur.
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Williams v. State, 44832
... ... Watts v. State, 196 So.2d 79 (Miss.1967); Shinall v. State, 187 So.2d 840 (Miss.1966); Black v. State, 187 So.2d 815 (Miss.1966); Bass v. State, 254 Miss. 723, 182 So.2d 591, 183 So.2d 483 (1966); and Harper v. State, 251 Miss. 699, 171 So.2d 129 (1965) ... We have ... ...
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Watts v. State, 44236
... ... Shinall v. State, 187 So.2d 840 (Miss.1966); Black v. State, 187 So.2d 815 (Miss.1966); Bass v. State, 254 Miss. 723, 182 So.2d 591, 183 So.2d 483 (1966); Harper v. State, 251 Miss. 699, 171 So.2d 129 (1965) ... In Smith v ... ...
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Raiford v. Dillon
... ... It is not for this Court to quibble with the policy of the State of Mississippi absent a finding that such policy is unconstitutional. This Court is not convinced ... State, Miss., 187 So.2d 840 (1966); Black v. State, Miss., 187 So.2d 815 (1966); Bass v. State, 254 Miss. 723, 182 So.2d 591, 183 So.2d 483 (1966); Harper v. State, 251 Miss. 699, 171 ... ...