Goldsby v. State, 39739
| Decision Date | 07 January 1957 |
| Docket Number | No. 39739,39739 |
| Citation | 226 Miss. 1,91 So.2d 750 |
| Parties | Robert Lee GOLDSBY v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Appeal from Circuit Court, Carroll County; Henry Lee Rodgers, Judge.
On motion to set new date for execution.
George N. Leighton, Chicago, Ill., for appellant.
Joe T. Patterson, Atty. Gen., for appellee.
Appellant was convicted in the Circuit Court of the Second Judicial District of Carroll County at the November 1954 term thereof of the crime of murder and sentenced to death.
He appealed to this Court, and on March 28, 1955, the judgment and sentence of said circuit court were affirmed and Friday, May 13, 1955, was fixed for the date of the execution, the opinion in said case appearing in 78 So.2d 762.
On May 11, 1955, an appeal from the action of this Court was granted to the Supreme Court of the United States, thereby staying the date of execution as fixed by this Court.
On December 12, 1955, the Supreme Court of the United States denied Goldsby's petition for writ of certiorari. 350 U.S. 925, 76 S.Ct. 216, 100 L.Ed. 809. Whereupon, acting upon a motion to set new date of execution, this Court fixed Friday, February 24, 1956, as the date for execution. 84 So.2d 528.
On February 21, 1956, appellant Goldsby filed in this Court a petition for writ of error coram nobis, which petition was denied March 5, 1956. 86 So.2d 27. Appellant then prosecuted an appeal to the Supreme Court of the United States and secured a stay of execution pending said appeal. On December 10, 1956, in 77 S.Ct. 266, the Supreme Court of the United States denied the petition for certiorari, as evidenced by a certified copy of an order of the Supreme Court of the United States attached to the motion now under consideration to set a new date for execution. The State of Mississippi has presented to this Court a motion to have another date fixed for execution of a death sentence of appellant.
The said motion is hereby sustained and Tuesday, February 12, 1957, is hereby set as the date for execution of the Appellant Goldsby.
All Justices concur.
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Black v. State
... ... at 466, 68 S.Ct. at 186 ... In the case of Goldsby v. State, 226 Miss. 1, 78 So.2d 762, 84 So.2d 528, 86 So.2d 27, 91 So.2d 750 (1955), (appealed to United States Court of Appeals), United States ex ... ...
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