Jackson v. State

Decision Date03 November 1913
Citation105 Miss. 782,63 So. 269
CourtMississippi Supreme Court
PartiesFANNIE JACKSON v. STATE

October, 1913

APPEAL from the circuit court of Lincoln county, HON. D. M. MILLER, Judge.

Fannie Jackson was convicted of an unlawful sale of intoxicating liquor and appeals.

Appellant was convicted of the unlawful sale of intoxicating liquor. The testimony in the lower court was conflicting, and the defendant introduced evidence tending to show that the state's witness, when testifying in the circuit court, had contradicted the testimony in the magistrate's court. The case was submitted to a jury under instructions of the court, and a verdict of guilty returned, and the defendant appealed.

Affirmed.

A. J. Naul, attorney for appellant.

Frank Johnston, assistant attorney-general, for appellee.

OPINION

COOK, J.

It is probable that this court, sitting as a jury, would have acquitted the defendant upon the evidence; but, as the jury are the sole judges of the weight of the evidence and the credibility of the witnesses, we are not authorized to disturb the verdict of the jury, where there was evidence, if believed, that justified the verdict.

Affirmed.

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28 cases
  • Odom v. State
    • United States
    • Mississippi Supreme Court
    • May 6, 1935
    ... ... J. F. ALLEN, Judge ... Pearl ... Odom was convicted of robbery, and he appeals ... Affirmed ... Affirmed ... [172 ... Miss. 689] Guyton & Thornton, of Kosciusko, and J. E ... Franklin, of Jackson, for appellant ... The ... appellant was not accorded in this case that fair and ... impartial trial which section 26 of our Constitution ... guarantees to him ... Magness ... case, 103 Miss. 30, 60 So. 8; Cartwright v. State, ... 71 Miss. 82, 14 So. 526; Sprinkle v ... ...
  • Dean v. State
    • United States
    • Mississippi Supreme Court
    • May 27, 1935
    ... ... 411 ... Juries ... cannot arbitrarily and capriciously disregard testimony of ... witnesses, not only unimpeached in any of the usual modes ... known to the law, but supported in all the circumstances of ... the case ... Railroad ... Co. v. Jackson, 92 Miss. 517; Houston v ... State, 117 Miss. 311; Stewart v. Coleman, 120 ... Miss. 28; Stevens v. Stanley, 153 Miss. 809; ... Walters v. State, 153 Miss. 709; Wesley v ... State, 153 Miss. 357; Crichton v. Halliburton & ... Moore, 154 Miss. 284; Tarver v. Lindsey, 161 ... ...
  • Dean v. State
    • United States
    • Mississippi Supreme Court
    • April 8, 1935
    ... ... L. R. 411 ... Juries ... cannot arbitrarily and capriciously disregard testimony of ... witnesses, not only unimpeached in any of the usual modes ... known to the law, but supported in all the circumstances of ... the case ... Railroad ... Co. v. Jackson, 92 Miss. 517; Houston v. State, 117 Miss ... 311; Stewart v. Coleman, 120 Miss. 28; Stevens v. Stanley, ... 153 Miss. 809; Walters v. State, 153 Miss. 709; Wesley v ... State, 153 Miss. 357; Crichton v. Halliburton & Moore, 154 ... Miss. 284; Tarver v. Lindsey, 161 Miss. 389; Weathersby v ... ...
  • Byrd v. State
    • United States
    • Mississippi Supreme Court
    • September 30, 1929
    ... ... 60; Matthews v ... State, 123 Miss. 729, 86 So. 514; Hays v ... State, 130 Miss. 381, 94 So. 212; Johnson v ... State, 140 Miss. 889, 105 So. 742; Harris v ... State, 135 Miss. 171, 99 So. 754; Gamblin v ... State, 45 Miss. 659; Brown v. State, 103 Miss ... 639, 60 So. 726; Jackson v. State, 105 Miss. 782, 63 ... So. 269; Felder v. State, 108 Miss. 580, 67 So. 56; ... Simmons v. State, 109 Miss. 605, 68 So. 903; ... Wells v. State, 112 Miss. 76, 72 So. 859; ... Crawford v. State, 146 Miss. 540, 112 So. 681; ... Thomas v. State, 129 Miss. 332, 92 So. 225; ... Spight v ... ...
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