Horn v. State, 38612
Decision Date | 02 February 1953 |
Docket Number | No. 38612,38612 |
Citation | 216 Miss. 439,62 So.2d 560 |
Parties | HORN v. STATE. |
Court | Mississippi Supreme Court |
Wm. S. Boyd, Jr., and Hester & Walker Laurel, for appellant.
J. P. Coleman, Atty. Gen., by Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
Horn was convicted of manslaughter in the killing of Mat Musgrove by acts amounting to culpable negligence, Section 2232, Miss.Code 1942, and sentenced to the state penitentiary for two years.
He says the testimony was not sufficient to sustain the verdict of the jury. Since the case is to be retried we deem it advisable not to set out the testimony nor comment upon its weight and effect. It is sufficient to say that we have carefully read and considered it and that the testimony on behalf of the state amply warranted the finding of the jury. The jury had a right to, and evidently did, believe that evidence. This contention is not well taken.
He next urges a reversal and remand of the case because of a communication had between the bailiff in charge of the jury and the jury as now set out. The bailiff heard a knock on the juryroom door. He opened it and one of the jurors, while the other jurors were in the same room, asked the bailiff, who was also the deputy sheriff, what the penalty was for manslaughter. The bailiff, in his testimony, was not sure of the exact words used by him in his reply. At one place he testified he said 'I do not know unless it is from one to ten'. 'I wouldn't say whether I stated on the ten part whether it was years or whether I just said 'one to ten'.' Again he testified, 'I said 'I don't know, but the best of my remembrance it might be from one to ten', and I don't recall whether I put 'years' on the ten or not.' This transpired without the knowledge of the trial judge.
In about thirty minutes the jury brought in the following verdict: 'We, the Jury, find the defendant guilty as charged, and ask that he be given the mercy of the court.'
When this verdict was read the judge asked the jurors what they meant by requesting the mercy of the court, and the spokesman for the jurors, in the presence of the others, said they intended that to mean one year in the penitentiary.
In Wilkerson v. State, 78 Miss. 356, 29 So. 170, the accused was indicted for burglary and grand larceny. He was convicted of burglary and petit larceny and sentenced to the penitentiary for one year. About an hour and a half after the case had been submitted to the jury one of the jurors opened the door and asked a bailiff the difference between burglary and larceny and burglary and petit larceny, and the bailiff replied that the first would send him to the pentienitary and the second to the county farm. The conviction was for burglary and petit larceny, and the sentence was one year in the penitentiary. The court, in reversing the case for this action, used this language:
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Batiste v. State
...be held until the following Monday.’ " Not surprisingly, "the result was a verdict in five minutes." Id.¶ 10. In Horn v. State, 216 Miss. 439, 62 So.2d 560 (Miss.1953), Horn, having been convicted of manslaughter, appealed to this Court. Id. at 441, 62 So.2d 560. The bailiff was asked by th......
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People v. Honeycutt
...may have been deprived of the benefit of the jury's full consideration of his diminished capacity defense. (Accord, Horn v. State (1953) 216 Miss. 439, 62 So.2d 560.) Under these circumstances the presumption of prejudice was not rebutted but rather was reinforced by the Defendant also comp......
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Batiste v. State
...if any, those communications had on Batiste's conviction and sentence." Id. at 294.¶41. In Batiste II , we looked to Horn v. State , 216 Miss. 439, 62 So. 2d 560 (1953), in which "[t]he bailiff was asked by the jury about the penalty for the crime of manslaughter, whereupon he responded tha......
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Martin v. State, 53252
...the trial judge erred in orally instructing the jury. See also Ware v. State, 218 Miss. 173, 65 So.2d 236 (1953). In Horn v. State, 216 Miss. 439, 62 So.2d 560 (1953), a juror, during deliberations, asked the bailiff what the penalty for manslaughter was. About thirty minutes after the bail......