Hinton v. State
| Decision Date | 01 April 1963 |
| Docket Number | No. 42637,42637 |
| Citation | 246 Miss. 790,151 So.2d 413 |
| Parties | Louise HINTON v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Lawrence D. Arrington, Hattiesburg, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.
The appellant, Louise Hinton, was tried on an indictment for murder in the killing of W. O. Hinton, and was found guilty of manslaughter at the September 1962 Term of the Circuit Court of Perry County, and was sentenced to serve a term of ten years in the state penitentiary. A motion for a new trial was overruled; and from the judgment of conviction and sentence she has prosecuted this appeal.
The appellant has assigned and argued three points as ground for reversal of the judgment of the lower court: (1) That the verdict of the jury is contrary to the overwhelming weight of the evidence; (2) that the court erred in overruling the defendant's motion for a directed verdict of not guilty at the conclusion of the testimony offered on behalf of the State; and (3) that the court erred in overruling the defendant's motion for a peremptory instruction at the conclusion of all of the testimony.
The record shows that the deceased W. O. Hinton lived with his son, Jerry Lee Hinton, in a comfortable home about six miles north of the Town of New Augusta, in Perry County. The homicide was committed on a graveled driveway in front of the Hinton home sometime after midnight February 7, 1962. The appellant had lived with the deceased for a period of two or more years prior to 1962, apparently as his wife, although they were not married. The appellant's two daughters also lived in the Hinton home as members of the family during that time. The appellant, however, had left the Hinton home sometime during the year 1960, and was living in the City of Hattiesburg with her daughter, Webber Lee, at the time of the homicide. The deceased had formed an acquaintance with another woman, Dorothy Nettles; and Dorothy and her young son and daughter were at the home of the deceased on the night of February 7, 1962, when the appellant and her 19-year old daughter, Webber Lee Hinton, came to the home of the deceased in their own automobile about 9:00 o'clock P.M.
Jerry Hinton, the son of the deceased, and Webber Lee Hinton, the defendant's daughter, were the only eyewitnesses who testified during the trial. Jerry was called to testify as a witness for the State, and Webber Lee was called to testify as a witness for the defendant.
Jerry Hinton testified that Louise and Webber Lee parked their car in front of the house by the side of the gate leading into a small front yard. Jerry and Jimmy were playing darts on the porch. Dot and her two children had come to the Hinton home about 4:30 P.M. When Louise and Webber Lee arrived they went into the living room. Jerry and Jimmy continued to play darts. Jerry stated that when he went into the living room later, Webber Lee and Dot were in there talking. His father and Louise came back into the living room from the back porch, where they had been talking to each other. Louise came in and told Dot that 'if she had anything there that she could get it and get gone.' Dot said, 'Well, I don't see where I have to leave.' W. O. Hinton was sitting on the couch in the living room. Louise and Dot kept squabbling, and finally both women said to W. O., 'Its up to you', and W. O. said, 'Well, its between you all too.' The argument continued about 30 minutes. Each of the two women claimed that W. O. had planned to marry her. Finally Dot and her children left around 10:30 or 11:00 P.M.
Jerry testified that up to the time that Dot Nettles left no blow had been struck, and no threats made by anyone; but after Dot left it 'seemed like everything broke loose.' His father and Louise were fussing and cussing. There was nothing unusual about that, and Jerry and Webber Lee went into W. O. Hinton's bedroom and played the record player until about 12 o'clock. Jerry finally went into his own bedroom and lay down. Webber Lee continued to play the record player. Jerry later heard his daddy call him, but he could not understand what his daddy said. He looked through the door which opened into the living room, and he saw his daddy and Louise in there. He figured the call was not important, so he lay back down on his bed. After a time he heard the front door slam, and he heard his daddy call him again. He went to the front door and saw Webber Lee going toward Louise's car, and he heard Louise say to Webber Lee, 'Run and get the gun.' He saw his father holding Louise, who was trying to get away from him to go to the car. W. O. went down the steps, taking Louise with him, and tried to go to the car. Webber Lee at that time had the gun in her hand, and Webber Lee said to W. O., 'Bigun turn her aloose.' Jerry stated that his daddy was holding Louise; but he had not struck her or threatened her in any manner, so far as he could see. Webber Lee ran around the car and said, 'I am going to give you one more chance, now turn her aloose.' Webber Lee then fired one shot toward the Prospect community store. W. O. turned Louise aloose and went toward Webber Lee. Webber Lee ran in front of the car and tossed the gun over to Louise, and another shot was fired. Jerry saw the fire but did not hear the shot. The pistol was in Louise's hands at that time. W. O. was between the pistol and the house, and the pistol was pointed in that direction.
Jerry stated that, when the second shot was fired, W. O. turned and took about two steps and 'lumped' on Louise. 'It looked like his arms were over her shoulders.' Louise went backward into the lane and both fell to the ground. W. O. was on top. About twenty seconds later another shot was fired. When Louise got up she had the pistol in her hand. Jerry stated that at not time did he see his daddy strike Louise or try to choke her or grab her by the hair of her head.
Webber Lee Hinton, who was called to testify on behalf of the defendant, testified, that after Dot Nettles and her children left, W. O. said to the appellant, After a time the appellant said, 'I've got to go home * * * I told you that I had to go home, that Shelby Gene is sick, and I've got to be there in the morning.' W. O. then said, 'Well, 'I'll take you then.' The appellant said, 'No, I've got to go now,' and the deceased replied, 'Well, you are not leaving here tonight.' Webber Lee stated that the appellant again started to leave, and W. O. grabbed her...
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Boyles v. State
...possibly be considered as an act of aggression that would justify the taking of his life in the prevention thereof. Hinton v. State,246 Miss. 790, 151 So.2d 413 (1963). In addition, the appellant was six feet two inches tall and weighed 240 pounds, while the deceased was six feet tall or be......
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Kinkead v. State, 43958
...where there is substantial direct or circumstantial evidence which contradicts the version offered by the defendant. Hinton v. State, 246 Miss. 790, 151 So.2d 413 (1963); Hawkins v. State, 224 Miss. 309, 80 So.2d 1 (1955); Rogers v. State, 222 Miss. 609, 76 So.2d 702 (1955); Lampkin v. Stat......
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Strickland v. State
...Alexander v. State, 251 Miss. 847, 171 So.2d 517 (1965); Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964); and Hinton v. State, 246 Miss. 790, 151 So.2d 413 (1963). The second error urged is that Jean Cooley was permitted to testify that the appellant returned to her cafe and renewed his ......