Goldsby v. State, 39739

Citation226 Miss. 1,84 So.2d 528
Decision Date16 January 1956
Docket NumberNo. 39739,39739
PartiesRobert Lee GOLDSBY v. STATE of Mississippi.
CourtUnited States State Supreme Court of Mississippi

Appeal from Circuit Court, Carroll County; Henry Lee Rodgers, Judge.

Moore, Ming & Leighton, Chicago, Ill., for appellant.

J. P. Coleman, Atty. Gen., By Wm. E. Cresswell, Asst. Atty. Gen., for appellee.

LEE, Justice.

At the November 1954 term of the Circuit Court of the Second Judicial District of Carroll County, Robert Lee Goldsby was convicted of the crime of murder and was sentenced to suffer the death penalty. An appeal was prosecuted to this Court. On March 28, 1955, the sentence and judgment were affirmed, and Friday, May 13, 1955, was fixed as the date for the execution of the sentence. Miss., 78 So.2d 762. Thereafter an appeal was granted to the Supreme Court of the United States. That Court, at its October 1955 term, 350 U.S. 925, 76 S.Ct. 216, denied the petition of Robert Lee Goldsby for writ of certiorari as shown by a certified copy of the order by that Court now in file in this Court.

The Attorney General of the State has filed a motion, calling attention to the foregoing facts, and suggesting that this Court now fix a new date for the execution of the sentence. Service has been made in accordance with the rules.

The motion is sustained; and Friday, February 24, 1956, is hereby fixed as the date for execution of the death sentence in the manner provided by law.

All Justices concur.

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10 cases
  • United States v. Harpole
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 17 Marzo 1959
    ...v. State, 1955, 226 Miss. 1, 78 So.2d 762. 3 Goldsby v. State, 1955, 350 U.S. 925, 76 S.Ct. 216, 100 L.Ed. 809. 4 Goldsby v. State, 1956, 226 Miss. 1, 84 So.2d 528. 5 Pursuant to Chapter 250 of the Laws of Mississippi of 1952, Section 1992.5, Code of 1942, 6 In that respect, certainly the h......
  • Stokes v. State, 41694
    • United States
    • Mississippi Supreme Court
    • 6 Marzo 1961
    ... ... Criss v. State, 202 Miss. 184, 30 So.2d 613, held a deliberate design under these circumstances is all that is necessary. Goldsby v. State, 226 Miss. 1, 78 So.2d 762, 84 So.2d 528, 86 So.2d 27, 91 So.2d 750 ...         The jury's finding the defendant guilty of murder ... ...
  • Goldsby v. State
    • United States
    • Mississippi Supreme Court
    • 3 Octubre 1960
    ...S.Ct. 216, 100 L.Ed. 809. Thereafter, on motion of the State a new date, February 24, 1956, was set for execution of the sentence. 226 Miss. 19, 84 So.2d 528. On February 21, 1956, appellant filed in this Court under Miss.Code 1942, Rec., Sec. 1992.5, a petition for a writ of error coram no......
  • Black v. State
    • United States
    • Mississippi Supreme Court
    • 13 Junio 1966
    ... ... 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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