McNair v. State, 38552
| Decision Date | 01 December 1952 |
| Docket Number | No. 38552,38552 |
| Citation | 215 Miss. 510,61 So.2d 338 |
| Parties | McNAIR v. STATE. |
| Court | Mississippi Supreme Court |
John P. Edwards, Mendenhall, for appellant.
J. P. Coleman, Atty. Gen., Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
Appellant was convicted on a charge of assault and battery with intent to kill and murder one Vardaman Smith by cutting and wounding the said Smith with a certain deadly weapon, to wit, a pocket knife. The first assignment of error is that the verdict of the jury is contrary to the overwhelming weight of the evidence for which reason the trial court erred in overruling the motion for a new trial. This assignment necessitates a review of the evidence.
Smith owned and operated a place of business about five miles south of Magee on Highway No. 49 where he was engaged in the selling of intoxicating liquor in violation of law. This place was operated for white customers only. About 500 feet away and on the same premises he owned another place of business for colored customers only. This was operated for him by one Willie Parrett, a white man. Liquor was sold at this place and in addition there was operated a lunch counter and a gambling room. On the evening of the alleged crime a white man entered the colored place of business and was creating a disturbance among the colored patrons. Parrett reported this to Smith who armed himself with a pistol and went and asked this white man to leave, which he did. Thereupon Smith got upon the counter and made a talk to the colored patrons, telling them that he was operating the place for their pleasure and convenience, that he desired law and order, that they were welcome to come at any time, but that they should leave their knives and weapons at home and not create any disturbance. Alfred McNair, a son of appellant, started out the front door stating that he was leaving and would never come back. The facts up to this point are not in dispute.
Smith and Parrett both testified that at this point Alfred McNair turned around, cursed Smith, and started on Smith with his knife; that Smith thereupon drew his pistol from his shirt bosom and Alfred stopped and turned his back and started out the door again; that Smith thereupon started to place the pistol back in his shirt bosom when appellant grabbed him from behind and cut his throat from ear to ear. This wound was so severe that Smith was rushed to the hospital in Magee where blood transfusions were given him and 73 stitches were taken in closing the wound. The only substantial dispute in the facts is that appellant denied that he is the one who cut Smith, while Smith and Parrett were positive in their statement that appellan...
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Hendrieth v. State, 45557
...be innocent, he is entitled to be acquitted.' The appellant cites as authority for the granting of this instruction McNair v. State, 215 Miss. 510, 61 So.2d 338 (1952). The instruction in McNair was a one-sentence instruction, short and to the point. Appellant attempted to paraphrase that i......
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Holmes v. State
...Newton v. State, 229 Miss. 267, 90 So.2d 375 (1956); McBroom v. State, 217 Miss. 338, 64 So.2d 144 (1953); McNair v. State, 215 Miss. 510, 61 So.2d 338 (1952); Nelms v. State, 58 Miss. 362 It is well established that the jury is the sole judge of the weight and credibility of the evidence. ......
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Young v. State, 54665
...(Id. at 278). See also, Newton v. State, 229 Miss. 267, 90 So.2d 375 (1956); Nelms v. State, 58 Miss. 362 (1880); McNair v. State, 215 Miss. 510, 61 So.2d 338 (1952). McBroom v. State, 217 Miss. 338, 64 So.2d 144 (1953); Gandy v. State, 355 So.2d 1096 (Miss.1978). The defendant is entitled ......
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