Griffin v. State

• Citation: 197 So. 832
• Decision Date: 30 September 1940
• Docket Number: 34198.
• Court: United States State Supreme Court of Mississippi
• Parties: GRIFFIN et al. v. STATE.

197 So. 832

GRIFFIN et al. v. STATE.

No. 34198.

Supreme Court of Mississippi, Division A.

September 30, 1940

Appeal from Circuit Court, Attala County; John F. Allen, Judge.

Ephraim Griffin and Roosevelt Hawkins were convicted of an offense, and they appeal.

Affirmed as to defendant Griffin, and reversed as to defendant Hawkins.

Alton Massey, of Kosciusko, for appellants.

Greek L. Rice, Atty. Gen., and W. D. Conn, Jr., Asst. Atty. Gen., for appellee.

SMITH, Chief Justice.

The evidence, because of the statement made by Ephraim Griffin to the witness, Hall, is sufficient to support the verdict as to Griffin, but is wholly insufficient to support a verdict of guilty against Roosevelt Hawkins; consequently, the court committed no error in refusing to direct a verdict for Griffin, but should have granted the request of Hawkins to direct a verdict for him.

Affirmed as to Griffin; reversed as to Roosevelt Hawkins, who will be here discharged.

So ordered.