McGinnis v. State
| Decision Date | 10 February 1947 |
| Docket Number | 36292. |
| Citation | 29 So.2d 109,201 Miss. 239 |
| Court | Mississippi Supreme Court |
| Parties | McGINNIS v. STATE. |
A. Q. Broadus, of Purvis, for appellant.
Greek L. Rice, Atty. Gen., and Geo. H. Ethridge Asst. Atty.Gen., for appellee.
The appellant was indicted, tried and convicted for a felonious assault and battery, with intent to kill and murder one Joe Williams. The proof was ample to show that Williams was stabbed in the neck by the accused, and the jury was well warranted in concluding that the wound was inflicted by a knife, as alleged in the indictment, without regard to whether or not the prosecuting witnesses could testify positively that a knife was used. Its use could be determined from all the facts and circumstances.
It is also assigned as error that the trial court excluded the testimony of certain non-expert witnesses as to the alleged mental incapacity of the accused to commit the crime. These witnesses based their opinions on their acquaintance and past association with him, without relating the facts and circumstances in connection with any of his acts and conduct upon which their opinions were predicated. The jury was not, therefore, entitled to consider these opinions without being able to determine whether or not they were well founded.
Due to the fact that defendant was less than eighteen years of age, he petitioned the court to transfer the case to the juvenile court, before the trial began on its merits. No order was taken on the petition, but it is insisted that the defendant was not guilty of more than a misdemeanor, and that, therefore, under Sec. 7203, Code 1942, he could not be prosecuted under the criminal laws of the State without a previous order of the juvenile court granting such authority. We are of the opinion, however, that Sec. 7204, instead of Sec. 7203, Code 1942, is applicable in the instant case. This section provides, among other things, that, 'Whenever it shall appear to any criminal court of this state that any person being prosecuted in such court for a felony is a child under eighteen years of age, such court shall have authority to order such prosecution dismissed and to order such child to be committed to the juvenile court for such action and disposition as said juvenile court may think proper in the premises.'
The statutes pertaining to the authority and jurisdiction of the juvenile courts in such matters are Secs 7185 to 7213,...
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Harvey v. State, 44669
...(1955); McGarrh v. State, 249 Miss. 247, 148 So.2d 494 (1963); Williams v. State,185 Miss. 449, 188 So. 316 (1939); McGinnis v. State, 201 Miss. 239, 29 So.2d 109 (1947); Bishop v. State, 96 Miss. 846, 52 So. 21 (1910); Bacot v. State, 96 Miss. 125, 50 So. 500 (1909); Reed v. State, 62 Miss......
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Wheeler v. Shoemake, 38203
...permission of the Juvenile Court to prosecute appellant in the circuit court for murder, under Sections 7204-5-6'. In McGinnis v. State, 1947, 201 Miss. 239, 29 So.2d 109 appellant was convicted of assault and battery with intent to kill, and the conviction was affirmed. He was less than 18......
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McGarrh v. State
...See also Sheehan v. Kearney, 82 Miss. 688, 21 So. 41, 35 L.R.A. 102. Cf. Bailey v. State, 147 Miss. 428, 112 So. 594; McGinnis v. State, 201 Miss. 239, 29 So.2d 109. Mrs. Virginia McGarrh Lamb, the only child of the McGarrh marriage, at the time of the trial, had been married a year and two......
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