Dobbs v. State
Decision Date | 13 June 1932 |
Docket Number | 30031 |
Citation | 167 Miss. 609,142 So. 500 |
Court | Mississippi Supreme Court |
Parties | DOBBS v. STATE |
APPEAL from the circuit court of Coahoma county.
(En Banc.)
1. CRIMINAL LAW.
Admitting accused's statements while in custody, alleged to constitute confession, without showing free and voluntary character, held unavailable as error, where objection was general.
2. CRIMINAL LAW.
In murder prosecution, court's failure to voluntarily instruct jury on manslaughter held unavailable as error where no such instruction was requested.
HON WM. A. ALCORN, Judge.
HON WM. A. ALCORN, Judge.
Lonzo Dobbs was convicted of murder, and he appeals. Affirmed, and date fixed for execution of the sentence.
Affirmed.
J. H. O'Neal, of Clarksdale, for appellant.
W. D. Conn, Jr., Assistant Attorney-General, for the state.
Briefs of counsel not found.
From the evidence adduced by the state, the jury were warranted in finding that the appellant was guilty of an unprovoked murder.
The defendant's evidence suggested to the jury that he shot the deceased either by accident, in self-defense, or in anticipation of an attempt, on the part of the state's only eyewitness and the deceased, to rob him or harm him, his evidence being uncertain and contradictory.
The jury, as they had the power to do, rejected the version of the appellant and adopted that of the state's witness. It was simply a question for the jury as to the guilt of the appellant and as to his punishment.
There is some complaint, not specific, that the court admitted, over appellant's general objection, the confession of appellant to Scott and Frazier, officers of the law in whose custody he was at the time. He confessed that he shot the deceased, Jim Johnson, with a Luger pistol, and told them he had put the pistol in a paper bag and covered it with ashes in his fireplace. He was willing to go to his home and assist the officers in finding it. On going there appellant did not find it, whereupon he asked his wife to produce the pistol, and she went to a trunk and exhibited a paper bag containing the pistol with ashes thereon. Scott, a deputy sheriff, first testified, and, when it was sought to elicit the statement, appellant's counsel objected, and the court overruled his objection. This occurred several times. There was no objection to the evidence of the witness, Frazier, on the same line and to the same effect.
The evidence of Scott and Frazier is to the effect that the confession was entirely free and voluntary. Appellant did...
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...v. State, 152 Miss. 48, 118 So. 354; Fletcher v. State, 159 Miss. 41, 131 So. 251; Jackson v. State, 163 Miss. 235, 140 So. 683; Dobbs v. State, 142 So. 500. confessions were freely and voluntarily made. Mathis v. State, 80 Miss. 591, 32 So. 61; Dunmore v. State, 86 Miss. 788, 39 So. 69; Ta......
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Lay v. State, 48425
...during the trial. Roberds v. State, 187 So. 755 (Miss.1939); Kimbrall v. State, 178 Miss. 701, 174 So. 47 (1937); Dobbs v. State, 167 Miss. 609, 142 So. 500 (1932); Williams v. State, 171 Miss. 324, 157 So. 717 (1934). This rule has been recognized by the Federal Court in this jurisdiction.......
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Ashley v. State
...sustained during the trial. Roberds v. State, 187 So. 755 (Miss.1939); Kimbrall v. State, 178 Miss. 701, 174 So. 47 (1937); Dobbs v. State, 167 Miss. 609, 142 In any event, if the jury assumed "P.O.I." meant point of impact, this was in accord with the testimony of In light of all the foreg......
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Rutland v. State
... ... Williams ... v. State, 160 Miss. 485, 135 So. 210 ... Where ... no manslaughter instruction was requested by the defendant, ... he cannot complain that none was given ... Tatum ... v. State, 142 Miss. 110, 107 So. 418; Dobbs v ... State, 142 So. 500; Grady v. State, 144 Miss ... 778, 110 So. 225; Davis v. State, 157 Miss. 669, 128 So. 886 ... Argued ... orally by E. L. Dent, for appellant ... Griffith, ... J., Anderson, J. delivered the opinion of the court on ... suggestion of error ... ...