Hinton v. State
| Decision Date | 22 May 1950 |
| Docket Number | No. 37480,37480 |
| Citation | 46 So.2d 445,209 Miss. 608 |
| Parties | HINTON v. STATE. |
| Court | Mississippi Supreme Court |
Bidwell Adams, Gulfport, O. L. McLeod, Pascagoula, for appellant.
John W. Kyle, Atty. Gen., Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
The original briefs filed before this case was decided on April 10, 1950, together with the entire record of the proceedings and testimony, have been carefully reexamined, and we have given full consideration anew to the questions raised by the suggestion of error and the brief filed in support thereof with the view of determining whether or not either the conviction or the imposition of the death penalty was brought about in whole or in part by the admission of the testimony complained of.
A majority of the Judges are of the opinion that it was not error for the Court to have overruled the motion of the defendant to exclude the statements of two of his witnesses, one of whom said that 'he made whiskey' and the other of whom said 'he fooled with a little bit of whiskey' made in response to an inquiry by the district attorney as to what else (besides farming) he did to make money, and the Judges who are of the opinion that the motion to exclude these statements should have been sustained do not think that the failure of the trial court to do so would constitute reversible error for the reason that the statements could not have been prejudicial to the defendant in view of all of the very damaging and incriminating testimony which had already been introduced and was fully competent. This is likewise true as to the question asked by the district attorney of the other sister of the defendant when he inquired specifically as to whether she knew anything about his making whiskey around his or his mother's place, or carrying it to his place and selling it in Lucedale, and to which question she replied in the negative.
We are also of the opinion that the case should not be reversed because of the introduction of witnesses by the state who testified as to the good character and reputation of the deceased sheriff for morality and virtue, since this testimony tended to show the improbability of a belief on the part of the defendant, or that he had been so informed, that the sheriff had been guilty of immorality with defendant's daughter whereby his character and reputation for morality and virtue was sought to be impugned. At any rate, the Court is unable to say with any...
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Wilson v. State
...in Eatman v. State, 169 Miss. 295, 153 So. 381; Hand v. State, 190 Miss. 314, 200 So. 258; Hinton v. State, 209 Miss. 608, 45 So.2d 805, 46 So.2d 445, appeal dismissed and certiorari denied in the Supreme Court of the United States, 340 U.S. 802, 71 S.Ct. 68, 95 L.Ed. 590; Denham v. State, ......
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McGarrh v. State
...are: Eatman v. State, 169 Miss. 295, 153 So. 381; Hand v. State, 190 Miss. 314, 200 So. 258; Hinton v. State, 209 Miss. 608, 45 So.2d 805, 46 So.2d 445, appeal dismissed and certiorari denied in the Supreme Court of the United States, 340 U.S. 802, 71 S.Ct. 68, 95 L.Ed. 590; Denham v. State......
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Denham v. State
...every act of the party's life is relevant to the issue and admissible in evidence.' In Hinton v. State, 209 Miss. 608, 45 So.2d 805, 46 So.2d 445, the defense was insanity, and the State, on cross-examination of the accused's witnesses, drew out the fact that Hinton had been engaged, before......
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Pope v. State
...the road north', pales into insignificance and is harmless, if in fact it were an error. See Hinton v. State, 209 Miss. 608, 45 So.2d 805, 46 So.2d 445; Page v. State, 208 Miss. 347, 44 So.2d 459; 22 C.J.S. Criminal Law Sec. 401(11), p. 1069; McMullen v. Mayo, 8 Smedes & M 298, 16 Miss. We ......