Gatlin v. State, No. 38919

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtHALL
Citation68 So.2d 291,219 Miss. 167
PartiesGATLIN v. STATE.
Decision Date07 December 1953
Docket NumberNo. 38919

Page 291

68 So.2d 291
219 Miss. 167
GATLIN

v.
STATE.
No. 38919.
Supreme Court of Mississippi.
Dec. 7, 1953.

Page 292

[219 Miss. 168] Wm. P. Cassedy, Brookhaven, for appellant.

[219 Miss. 170] J. P. Coleman, Atty. Gen., John E. Stone, Asst. Atty. Gen., for appellee.

HALL, Justice.

Appellant was convicted of manslaughter in that he was guilty of culpable negligence in the operation of his automobile in such manner that the car was wrecked and caused the death of Fannie Mae Barnes who was riding therein with him.

1. His first contention is that the trial court erred in not allowing him sufficient time in which to prepare his case for trial. He was indicted on January 14, 1953, and was arrested on the same day. He was arraigned on the following day and entered a plea of not guilty; his case was called the following Monday, January 19th, and he stated to the court that he had not employed an attorney to represent him. He was then advised by the court to engage the services of counsel and his case was set for trial on Wednesday, January 21st. He employed counsel on January 20th. On the following day, when the case was called, his counsel dictated into the record a motion to 'pass the case for at least a couple or three days' so that time might be had in which to prepare for trial. The court sustained the motion and passed the case to Friday, January 23rd. On that day the case proceeded to trial without objection. There was no motion for a continuance, and the request to pass the case did not meet the requirements of Section 1520, Code of 1942. Moreover, under that section the [219 Miss. 172] granting or denial of a continuance is largely in the discretion of the trial court and its action is no ground for reversal unless its discretion has been abused. Wingo's Mississippi Criminal Law and Procedure, Section 138; Newell v. State, 209 Miss. 653, Headnote 1, 48 So.2d 332. We find the first contention without merit.

2. The second contention is that the proof was insufficient to support a conviction of manslaughter. In the case of Smith v. State, 197 Miss. 802, 20 So.2d 701, 706, we reviewed numerous authorities and laid down the yardstick by which culpable negligence is to be measured, and we there said: '* * * the term culpable negligence should be construed to mean a negligence of a higher degree than that which in civil cases is held to be gross negligence, and must be a negligence of a degree so gross as to be tantamount to a wanton disregard of, or utter indifference to, the safety of human life, and that this shall be so

Page 293

clearly evidenced as to place it beyond every reasonable doubt.'

The facts relied upon by the State to meet the stated test are as follows: Appellant was driving his automobile in an easterly direction on Highway 84. He had first picked up Fannie Mae Barnes on a farm where they both lived and had been to Brookhaven where appellant admitted he had taken a drink. They then started to Monticello. The wreck occurred about six or eight miles East of Brookhaven about 9 p. m. For a distance of 310 steps the car went off the pavement two or three different times on the left or North side of the highway; then it started turning over and went an additional distance of 249 feet before it finally came to a stop off the paved portion of the highway at the bottom of a fill. The top and both sides of the automobile...

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10 practice notes
  • Jones v. State, No. 40247
    • United States
    • United States State Supreme Court of Mississippi
    • June 11, 1956
    ...838; Simmons v. State, 1950, 208 Miss. 523, 44 So.2d 857; Daniel v. State, 1951, 212 Miss. 223, 54 So.2d 272; Gatlin v. State, 1953, 219 Miss. 167, 68 So.2d In the present case, the evidence justified the jury in finding that Fritz was killed by a criminal agency, and in further finding tha......
  • Metcalf v. State, NO. 2016-KA-01083-COA
    • United States
    • Mississippi Court of Appeals
    • February 12, 2019
    ...Court has repeatedly held could not be done except by a written sworn motion. McClendon , 335 So.2d at 889 ; see also Gatlin v. State , 219 Miss. 167, 171-72, 68 So.2d 291, 292 (1953) ; Douglas v. State , 212 Miss. 176, 180-81, 54 So.2d 254, 255-56 (1951) (affirming convictions where there ......
  • Pool v. State, No. 55944
    • United States
    • United States State Supreme Court of Mississippi
    • February 5, 1986
    ...or denying continuances. Carter v. State, 473 So.2d 471 (Miss.1985); McClendon v. State, 335 So.2d 887 (Miss.1976); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 (1953). That discretion must have been abused before this Court will overturn the failure to grant a continuance. The fact that th......
  • Dean v. State, No. 41058
    • United States
    • United States State Supreme Court of Mississippi
    • November 17, 1958
    ...shall not be ground for reversal unless the Supreme Court shall be satisfied that injustice resulted therefrom.' See Gatlin v. State, 219 Miss. 167, 68 So.2d 291; Williams v. State, 92 Miss. 70, 45 So. 146; Vollm v. State, 96 Miss. 651, 51 So. 275; Solomon v. State, 71 Miss. 567, 14 So. 461......
  • Request a trial to view additional results
10 cases
  • Pool v. State, No. 55944
    • United States
    • United States State Supreme Court of Mississippi
    • February 5, 1986
    ...or denying continuances. Carter v. State, 473 So.2d 471 (Miss.1985); McClendon v. State, 335 So.2d 887 (Miss.1976); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 (1953). That discretion must have been abused before this Court will overturn the failure to grant a continuance. The fact that th......
  • Jones v. State, No. 40247
    • United States
    • United States State Supreme Court of Mississippi
    • June 11, 1956
    ...838; Simmons v. State, 1950, 208 Miss. 523, 44 So.2d 857; Daniel v. State, 1951, 212 Miss. 223, 54 So.2d 272; Gatlin v. State, 1953, 219 Miss. 167, 68 So.2d In the present case, the evidence justified the jury in finding that Fritz was killed by a criminal agency, and in further finding tha......
  • Metcalf v. State, NO. 2016-KA-01083-COA
    • United States
    • Mississippi Court of Appeals
    • February 12, 2019
    ...Court has repeatedly held could not be done except by a written sworn motion. McClendon , 335 So.2d at 889 ; see also Gatlin v. State , 219 Miss. 167, 171-72, 68 So.2d 291, 292 (1953) ; Douglas v. State , 212 Miss. 176, 180-81, 54 So.2d 254, 255-56 (1951) (affirming convictions where there ......
  • King v. State, No. 43225
    • United States
    • United States State Supreme Court of Mississippi
    • November 16, 1964
    ...is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 70 So.2d 58 (1954); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 There is no evidence of abuse of discretion on the part of the court in failing to grant a continuance because of the absence of M......
  • Request a trial to view additional results

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