Cobb v. State

Decision Date09 February 1959
Docket NumberNo. 41073,41073
Citation108 So.2d 719,235 Miss. 57
PartiesIvy COBB v. STATE of Mississippi.
CourtMississippi Supreme Court

C. F. Cowart, Meadville, for appellant.

Joe T. Patterson, Atty. Gen., J. R. Griffin, Asst. Atty. Gen., for appellee.

ARRINGTON, Justice.

Ivy Cobb was convicted of the crime of assault and battery with intent to kill and murder and sentenced to the State penitentiary for a period of nine years, from which judgment he appeals.

This is the second appearance of this case. On the first appeal, Miss., 101 So.2d 110, we reversed and remanded the cause in order that another jury might pass on it. The evidence given in the trial of the instant case is practically identical with that in the former trial. The record reflects that Mr. Sullivan, Annaise Weathersby, Eli Covington and appellant Cobb were repairing a servant house in the back yard of the home of the prosecuting witness, Sullivan, in the summer of 1957; that Mr. Sullivan complained to Cobb about his work; this led to an altercation which resulted in the appellant Cobb striking Sullivan with a handsaw. According to the evidence for the State, Cobb struck at the neck of Sullivan and at that time Sullivan threw up his hands to ward off the blow, which resulted in serious and permanent injuries to his arms.

Dr. Barlow testified as to his injuries. On the right hand and forearm the lick was from the base of his hand about five inches down on the inside of the arm down to the bone and peeled everything back and that the only important structure in the right arm left intact was the radial artery. On the left arm, both bones were completely severed at the wrist and every structure in the hand was severed except the radial artery, and all that kept it from falling off was the skin and a little tissue on the back of the hand and the radial artery. The doctor testified that these injuries were received from a blow or lick with a handsaw.

The testimony of Mr. Sullivan and that of Weathersby and Covington on the part of the State was conflicting in some of the details. Weathersby and Covington testified that at the time the appellant Cobb struck Sullivan with the saw, he, Sullivan, was doing nothing to him. The appellant Cobb testified in his own behalf, that he was attacked by Sullivan and that he was acting in self-defense; that he threw up the saw to ward off the lick from Sullivan; and that he did not try to hit him.

Appellant assigns as error that the court erred in refusing...

To continue reading

Request your trial
22 cases
  • Henry v. State
    • United States
    • Mississippi Supreme Court
    • July 12, 1963
    ...of the opinion that such evidence was a question for the determination of the jury. Prisock v. State, Miss., 141 So.2d 711; Cobb v. State, 235 Miss. 57, 108 So.2d 719; Passons v. State, 239 Miss. 629, 124 So.2d The former judgment reversing this case for a new trial is hereby set aside and ......
  • Evans v. State
    • United States
    • Mississippi Supreme Court
    • September 11, 1997
    ...such witnesses is not for the reviewing court, but only for the jury. Ivey v. State, 206 Miss. 734, 40 So.2d 609 [1949]; Cobb v. State, 235 Miss. 57, 108 So.2d 719 [1959]; Matthews v. State, 243 Miss. 568, 139 So.2d 386 Bond, 249 Miss. at 357, 162 So.2d at 512. From the evidence presented a......
  • Mangum v. State
    • United States
    • Mississippi Supreme Court
    • June 29, 2000
    ...transpired. Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964); Matthews v. State, 243 Miss. 568, 139 So.2d 386 (1962); Cobb v.. State, 235 Miss. 57, 108 So.2d 719 (1959); Ivey v. State, 206 Miss. 734, 40 So.2d 609 (1949). Cf. also Rogers v. State, 222 Miss. 609, 76 So.2d 702 (1955); Scott ......
  • Chinn v. State
    • United States
    • Mississippi Supreme Court
    • April 9, 1973
    ...and that they may accept in part and reject in part the evidence on behalf of the State and on behalf of accused. Cobb v. State, 235 Miss. 57, 108 So.2d 719 (1959); Ivey v. State, 206 Miss. 734, 40 So.2d 609 (1949); Hill v. State, 199 Miss. 254, 24 So.2d 737 (1946). It is not for this Court......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT