Gandy v. State
| Decision Date | 06 December 1943 |
| Docket Number | 35294. |
| Citation | 15 So.2d 685,195 Miss. 421 |
| Court | Mississippi Supreme Court |
| Parties | GANDY v. STATE. |
M S. McNeil and McNeil, Jones & Zama, all of Hazlehurst for appellant.
Greek L. Rice, Atty. Gen., and R. O. Arrington, Asst. Atty. Gen for appellee.
The appellant Jim Gandy was convicted of manslaughter and sentenced to serve a term in the state penitentiary for the slaying of Marshall Rials. The only eye-witnesses to the homicide were the defendant and his son, who testified to the facts and circumstances in support of the defendant's plea of self-defense.
On the morning of the killing the defendant and his son had carried a truck load of seed cotton to Furr Brothers Gin near Hazlehurst to have the same ginned. While the cotton was being unloaded from their truck on a platform and elevated into the gin stands, the deceased, in company with his wife drove up in their truck with a bale of cotton and stopped the same about thirty feet from the gin-house and on the driveway behind the truck of the defendant, with one other truck between them. Thereupon the deceased got out of his truck, went to the east and nearest end of the gin-house and stood around there a few minutes near the truck of the defendant where he had opportunity to see and recognize the defendant and his son, with whom he was on unfriendly terms. He then returned to his truck where he got something and put it in his bosom. In the meantime the defendant had completed the unloading of his cotton through the elevator and into the gin stands and had driven forward alongside of the cotton loading platform at the extreme west end of the gin-house, which house was eighty feet in length, for the purpose of loading the ginned cotton onto his truck. He climbed upon the platform and entered the press room to get his gin ticket, and from which position he saw the deceased coming up a stairway on the inside of the gin-house and which led into the press room. Thereupon the defendant ran out onto the platform, jumped into his truck and immediately onto the ground in time to get his shotgun from the seat of his truck while the deceased was coming out onto the platform from in the press room with his loaded pistol in his hand, and then stopping between two bales of cotton. As the defendant jumped into his truck from the platform he called to his son and said, "Look out, there comes Marshall and he has his gun". The son "ducked" behind the truck, but saw his father shoot the deceased as the latter was raising his pistol to shoot, and the deceased had stated as the defendant jumped in the truck from the platform, "You God damn son of a bitch, I am going to get even with you this morning", at a time when he could see that the defendant then had no weapon inhis hand, and from which threat, without immediate action on the part of the deceased to carry it out, it would appear that he did not anticipate that the defendant, when jumping to the ground would be able to seize his own shotgun from under a cloth on the seat of his truck and become so quickly prepared to defend himself.
A loaded pistol was found at the side of the body of the deceased, and his wife testified that while she did not see the shooting she heard the shot fire after her husband had left their truck and within about the time it was shown by the other evidence in the case he could have gone through the entire gin-house and reached the platform where he knew that the defendant would necessarily go to load his bale of cotton on the truck.
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Newman v. State, 39404
...v. State, Miss., 180 So. 89; Harvey v. State, 193 Miss. 561, 10 So.2d 552; Newsome v. State, Miss., 13 So.2d 464; Gandy v. State, 195 Miss. 421, 115 So.2d 685; Bell v. State, 207 Miss. 518, 42 So.2d But did appellant have the right, under such circumstances, to kill Hood to prevent Hood fro......
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Taylor v. State
...v. State, Miss., 180 So. 89; Harvey v. State, 193 Miss. 561, 10 So.2d 552; Newsome v. State, Miss., 13 So.2d 464; and Gandy v. State, 195 Miss. 421, 15 So.2d 685. Appellant contends that the testimony of appellant and his wife, the only eye witnesses to the homicide, made out a case of self......
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