Jackson v. State

• Decision Date: 11 November 1918
• Docket Number: 20384
• Citation: 79 So. 809,118 Miss. 602
• Court: Mississippi Supreme Court
• Parties: JACKSON v. STATE

79 So. 809

118 Miss. 602

JACKSON v. STATE

No. 20384

Supreme Court of Mississippi

November 11, 1918

Division B

APPEAL from the circuit court of Lauderdale county, HON. R. W HEIDLEBERG, Judge.

Sid Jackson was convicted of burglary and appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed.

S. M Graham, for appellant.

Earle N. Floyd, Assistant Attorney-General, for the state.

OPINION

ETHRIDGE, J.

Sid Jackson was indicted for burglary and larceny and was convicted on said charge in the circuit court. The indictment charges that the defendant did unlawfully, feloniously, and burglariously, break and enter in the nighttime a storehouse of one J. E. Gilbert with intent to steal therein, and did then and there unlawfully, feloniously, and burglariously take, steal, and carry away certain described goods set out in the indictment of the value of three dollars and ninety-five cents. The proof shows that the store of J. A. Gilbert, merchant in the city of Meridian, was burglarized in the summer of 1915 and certain groceries taken therefrom. Mr. Gilbert was introduced as a witness and testified that the store was broken and entered into, and was asked the following questions:

"Q. Now the goods that the officers found; were you able to identify those goods? A. To a certain extent, I was. I lost some stuff of that same brand and stuff, but I didn't have any private marks on them. Q. Well, would you swear that is your stuff? A. I couldn't swear positive that was my stuff. Q. But your best judgment is that it was? A. Yes, sir. Q. Now tell the jury why you think it was? A. Well, I had lost the stuff the night before like that, and this negro woman got up and testified-- Q. wait a minute-- A. Well, I had lost some stuff the night before that just exactly like that. Q. The same quantity? A. I couldn't swear to exactly the quantity that I lost."

Ed Holden, a policeman, testified: That he was on police duty at West End, and that Mr. Gilbert furnished the chief of police with the list of groceries that he had lost. That the chief turned the list over to him, and he had been watching the house of two negro women and had occasion to go into the house of these women that night to make them quit fussing, and while there he went into the kitchen and saw meat and lard, and got out his list and found stuff of the kind itemized in the list he had; that he arrested the two negro women, and they at once told him that Sid Jackson brought the goods there. That Sid Jackson was not at the house, and that he left Mr. Clinton in charge of the two women and went down to Jack Hall and found Sid there and arrested him and carried him back up there. Then he was asked the questions:

"Q. What did he tell you about this stuff? A. He told me--the admitted having the goods, but he had bought it from two white boys down on Thirty-Eighth avenue near old Gulfport. Q. Did he tell you who the white boys were? A. My recollection is now he said Picket Morris and one of the Wells boys. Q. How old was Picket Morris? A. I guess he was seventeen or eighteen years old. Q. So he admitted carrying the goods there? A. Yes, sir."

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