Flowers v. State, No. 46226

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtRODGERS; ETHRIDGE
Citation243 So.2d 564
PartiesMary Elizabeth FLOWERS v. STATE of Mississippi.
Docket NumberNo. 46226
Decision Date01 February 1971

Page 564

243 So.2d 564
Mary Elizabeth FLOWERS
v.
STATE of Mississippi.
No. 46226.
Supreme Court of Mississippi.
Feb. 1, 1971.

D. M. Anderson, Newton, for appellant.

A. F. Summer, Atty. Gen., by James W. Haddock, Sp. Asst. Atty. Gen., Jackson, for appellee.

RODGERS, Justice.

Mary Elizabeth Flowers was indicted, tried, convicted and sentenced for the crime of manslaughter in the Circuit Court of Newton County, Mississippi. The indictment was framed under the terms of Section 2226, Mississippi Code 1942 Annotated (1956), for the killing of a human being, without malice, in the heat of passion, by the use of a dangerous weapon, without authority of law and not in necessary self-defense.

The circumstances leading to the indictment of the defendant may be summarized as follows. On the night of September 3, 1969, the appellant went to the home of Mrs. Judy Bishop and advised her that she had shot her boyfriend and requested Mrs. Bishop to assist her in getting help 'to save him.' Mrs. Bishop took the defendant to the home of the deputy sheriff, Charles Reeves, where the defendant told the officer that she had shot Isaiah Patrick

Page 565

and, without being questioned, she told the following story. 'She said, 'He told me that he had another girl friend that had a car and she would let me use it, and that's where I've been.' Said, 'I didn't have anything, I was just an old and worn out gal,' * * *. 'That's all. I just couldn't take it, Mr. Charles. I told him to shut up and he said, 'What you going to do about it?' * * * I told him to shut up again and he didn't. He repeated the same thing he had said to me, and when he did, I reached for that old 12 over in the corner and let him have it." There was no objection made to this statement nor to the questions asked about the statement. The officers testified as to the condition of the room where the shooting occurred. The defendant turned the shotgun over to the deputy sheriff who delivered it to the sheriff. The sheriff arrived a short time after the deputy sheriff and defendant returned to her home. An ambulance was summoned and the wounded Isaiah Patrick was first taken to the Newton County Hospital where he was examined by Dr. Austin, and taken then to the Veterans Hospital in Jackson where he died twelve days later. The sheriff arrested the defendant at her home the night of the shooting and, before he questioned her, he warned her as to her constitutional rights. He testified that the...

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8 practice notes
  • Birkhead v. State , No. 2007–KA–00666–SCT.
    • United States
    • Mississippi Supreme Court
    • February 17, 2011
    ...803(9) provides no exclusions to its hearsay exception. ¶ 32. Birkhead and the dissent rely upon the pre-Rules case of Flowers v. State, 243 So.2d 564 (Miss.1971), for the proposition that “death certificates could be introduced into evidence but used only to show ‘the physical cause of dea......
  • Birkhead v. State, No. 2007-KA-00666-SCT (Miss. 2/19/2009), No. 2007-KA-00666-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • February 19, 2009
    ...the introduction of a death certificate is permitted, but its use is limited to showing the physical cause of death. Flowers v. State, 243 So. 2d 564, 565 (Miss. 1971). The State then argues that Birkhead is excluded from making this argument, as after his objection on this ground was denie......
  • Gossett v. State, No. 92-KA-00413-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 17, 1995
    ...While it was error to admit the autopsy report without producing the author, we conclude that it was harmless. In Flowers v. State, 243 So.2d 564, 565 (Miss.1971), this Court found error when the trial court admitted an autopsy report into evidence through the testimony of individuals who h......
  • Interstate Life & Acc. Ins. Co. v. Smith, No. 46604
    • United States
    • United States State Supreme Court of Mississippi
    • April 3, 1972
    ...Consequently, the objection should have been sustained. . . . ' 220 Miss. at 205-206, 70 So.2d at 342. In Flowers v. State, 243 So.2d 564, 565 (Miss.1971) we limited the use of death certificates to 'physical cause of Second-a death certificate stating the fact of death and immediate cause ......
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8 cases
  • Birkhead v. State , No. 2007–KA–00666–SCT.
    • United States
    • Mississippi Supreme Court
    • February 17, 2011
    ...803(9) provides no exclusions to its hearsay exception. ¶ 32. Birkhead and the dissent rely upon the pre-Rules case of Flowers v. State, 243 So.2d 564 (Miss.1971), for the proposition that “death certificates could be introduced into evidence but used only to show ‘the physical cause of dea......
  • Birkhead v. State, No. 2007-KA-00666-SCT (Miss. 2/19/2009), No. 2007-KA-00666-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • February 19, 2009
    ...the introduction of a death certificate is permitted, but its use is limited to showing the physical cause of death. Flowers v. State, 243 So. 2d 564, 565 (Miss. 1971). The State then argues that Birkhead is excluded from making this argument, as after his objection on this ground was denie......
  • Gossett v. State, No. 92-KA-00413-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 17, 1995
    ...While it was error to admit the autopsy report without producing the author, we conclude that it was harmless. In Flowers v. State, 243 So.2d 564, 565 (Miss.1971), this Court found error when the trial court admitted an autopsy report into evidence through the testimony of individuals who h......
  • Interstate Life & Acc. Ins. Co. v. Smith, No. 46604
    • United States
    • United States State Supreme Court of Mississippi
    • April 3, 1972
    ...Consequently, the objection should have been sustained. . . . ' 220 Miss. at 205-206, 70 So.2d at 342. In Flowers v. State, 243 So.2d 564, 565 (Miss.1971) we limited the use of death certificates to 'physical cause of Second-a death certificate stating the fact of death and immediate cause ......
  • Request a trial to view additional results

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