Brown v. State
Decision Date | 10 February 1913 |
Citation | 60 So. 726,103 Miss. 639 |
Court | Mississippi Supreme Court |
Parties | LUCIUS BROWN v. STATE |
October, 1912
APPEAL from the circuit court of Marshall county, HON. H. K. MAHON, Judge.
Lucius Brown was convicted of manslaughter and appeals.
The facts are sufficiently stated in the opinion of the court.
Affirmed.
D. M. Featherston, attorney for appellant.
Geo. H. Ethridge, assistant attorney-general, for state.
Appellant was convicted of the crime of manslaughter and sentenced to a term of five years in the penitentiary. There is nothing before this court save a pure question of fact. The testimony of appellant's witnesses authorized the jury to find him not guilty, while the state's evidence warranted a verdict of guilty. Strenuous argument is made here in criticism of the state witnesses, and no doubt the same criticism was made in the argument at the trial.
Where there is a conflict in the evidence, it is peculiarly a question for the decision of the jury, and though it may be conceded that the appellate court, sitting as a jury, would have rendered a different verdict, this affords no reason, under our system, for reversal. Bearing this in mind, persons convicted of crime by a jury can save much time, expense, and suspense by submitting to the inevitable.
Affirmed.
To continue reading
Request your trial-
Odom v. State
...... Under. the circumstances of this case, where the accused is. positively identified by several witnesses and where there is. proof of an alibi by other witnesses, I think it is an out. and out question for the jury. . . Evans. v. State, 159 Miss. 561, 132 So. 563; Brown v. State, 103 Miss. 639, 60 So. 726; Jackson v. State, 105 Miss. 782, 63 So. 269; Wells v. State, 112 Miss. 76, 72 So. 859; Spight v. State, 120 Miss. 752, 83 So. 84; Chandler v. State, 143 Miss. 312, 108 So. 723; Matthews v. State, 148 Miss. 696, 114 So. 816; Steward v. State, 154 Miss. ......
-
Byrd v. State
...... . . Horn v. State, 60 So. 1011; Skyes v. State, 45 So. 838. . . Wm. A. Shipman, Assistant Attorney-General, for the state. . . The. wrongful admission of testimony where harmless is not. reversible error. . . Brown. v. State, 87 Miss. 800, 40 So. 1009; Brown v. State,. 85 Miss. 511, 40 So. 737. . . Motive. upon a trial for murder need not be shown. . . Und. Cr. Ev., Sec. 323 (2 Ed.). . . Where. the judgment of the court below is clearly right and in. accordance with ......
-
Steward v. State
...... jury on finding of facts where there is evidence to warrant. it. This is true, even though the evidence might not be. sufficient to convince the minds of the appellate court. . . I. C. R. R. Co. v. Smith, 102 Miss. 276, 59 So. 87;. Brown v. State, 103 Miss. 639, 60 So. 726;. Jackson v. State, 105 Miss. 782, 63 So. 269;. Wells v. State, 112 Miss. 76, 72 So. 859;. Matthews v. State, 148 Miss. 696, 114 So. 896;. Spight v. State, 120 Miss. 752, 83 So. 84; Chandler. v. State, 143 Miss. 312, 108 So. 723. . . . OPINION. ......
-
Hartley v. State
...... appellate jurisdiction. . . Ells v. State, 159 Miss. 567; Evans v. State, 159 Miss. 561;. Witt v. State, 159 Miss. 478; Steward v. State, 154 Miss. 858; Chandler v. State, 143. Miss. 312; Matthews v. State, 148 Miss. 696;. Brown v. State, 103 Miss. 639; Jackson v. State, 105 Miss. 782; Wells v. State, 112 Miss. 76; Spight v. State, 120 Miss. 752; Thomas v. State, 129 Miss. 332; Simmons v. State, 109. Miss. 605; Felder v. State, 108 Miss. 580; Dickey v. State, 86 Miss. 525. . . The. court's refusal of the ......