Chase v. State

Decision Date09 May 1927
Docket Number25989
Citation147 Miss. 694,112 So. 785
CourtMississippi Supreme Court
PartiesCHASE v. STATE. [*]

Division A

Suggestion of Error Overruled June 6, 1927.

APPEAL from circuit court of Prentiss county HON. C. P. LONG, Judge.

Charlie Chase appeals. Affirmed.

Affirmed.

E. C. Sharp, for appellant.

J. A. Lauderdale, Assistant Attorney-General, for the state.

OPINION

SMITH, C. J.

The credibility of, and the weight to be given to, the dying declaration were for the jury, and the evidence warrants the verdict.

The other assignments of error, not being argued, are waived.

Affirmed.

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Notes:

[*]Corpus Juris-Cyc. References: Criminal Law, 17CJ, p. 212, n. 18; Homicide, 30CJ, p. 270, n. 84; p. 310, n. 25; As to right of jury to determine existence of facts essential to the admissibility of dying declarations, see Annotation in 56 L. R. A. 445; 16 L. R. A. (N. S.) 660; 52 L. R. A. (N. S.) 152; 1 R. C. L. 547; 1 R. C. L. Supp. 194.

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4 cases
  • Conway v. State
    • United States
    • Mississippi Supreme Court
    • December 7, 1936
    ...v. State, 94 Miss. 83, 47 So. 502; Nelms v. State, 13 S. & M. 500, 53 Am. Dec. 94; Brown v. State, 32 Miss. 433, and Chase v. State, 147 Miss. 694, 112 So. 785. are of the opinion, however, that under the particular facts of this case that error was harmless. Other witnesses whose evidence ......
  • Calloway v. State
    • United States
    • Mississippi Supreme Court
    • December 16, 1929
    ... ... 206 ... Forrest ... B. Jackson, Assistant Attorney-General, for the state ... An ... assignment not having been argued is waived by the appellant ... Pope v ... State, 67 So. 177, 108 Miss. 706; Davis v. State, 67 ... So. 662, 67 So. 178, 108 Miss. 710; Chase v. State, 112 So ... 785, 147 Miss. 694 ... Evidence ... of the good character of the accused should go to the jury as ... any other fact, and its influence in the determination of the ... case should be left to the jury without any intimation from ... the court of its influence ... ...
  • Harris v. State
    • United States
    • Mississippi Supreme Court
    • March 16, 1936
    ... ... State, 156 Miss. 612, 126 So. 390; Dewberry v ... State, 168 Miss. 366, 151 So. 479 ... Assignment ... not argued should be considered as waived ... Johnson ... v. State, 154 Miss. 512, 122 So. 529; Bridges v ... State, 154 Miss. 489, 122 So. 533; Chase v. State, 147 ... Miss. 694, 112 So. 785 ... [166 So. 393] ... [175 ... Miss. 3] Smith, C. J ... This is ... an appeal from a conviction of murder followed by a life ... sentence in the penitentiary. The appellant's complaints ... are (1) that the ... ...
  • Bridges v. State
    • United States
    • Mississippi Supreme Court
    • June 3, 1929
    ... ... v. State, 109 So. 29; Penn v. State, 62 Miss. 450; ... State v. Harris, 10 So. 478 ... Errors ... not assigned and assignments of error not argued are waived ... Pope v ... State, 108 Miss. 706; Davis v. State, 67 So. 662; ... Harris v. State, 142 Miss. 342; Chase v. State, 147 ... Miss. 694 ... [154 ... Miss. 491] GRIFFITH, J ... The ... appellant contends that it was error in the trial court to ... refuse the following instruction requested by appellant: ... "The court instructs the jury for the defendant that ... ...

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