Robinson v. State, 39552
| Decision Date | 07 November 1955 |
| Docket Number | No. 39552,39552 |
| Citation | 83 So.2d 99,223 Miss. 70 |
| Parties | Mose ROBINSON v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
John E. Perkins, Natchez, for appellant.
J. P. Coleman, Atty. Gen., J. T. Patterson, Asst. Atty. Gen., for appellee.
The judgment of the Circuit Court of Humphreys County, wherein the appellant, Mose Robinson, was convicted of rape and was sentenced to death, was, by this Court, affirmed on January 17, 1955, and the new date of execution of the death sentence was fixed for Tuesday, March 8, 1955. Miss., 77 So.2d 265.
An appeal to the Supreme Court of the United States was granted, and that Court, in Robinson v. State of Mississippi, 76 S.Ct. 91, on October 10, 1955, denied the appellant's petition for a writ of certiorari, as shown by a certified copy of the order of that Court now on file in this Court.
Because of the pendency of the appeal to the Supreme Court of the United States, the judgment of this Court was superseded and the death sentence could not be, and was not, executed.
The Attorney General of the State has filed a motion for this Court now to set a new date for the execution of the sentence. That motion is sustained, and Friday, December 16, 1955, is hereby fixed as the date of the execution of the appellant's sentence of death, in the manner provided by law.
Motion sustained; and Friday, December 16, 1955, fixed for the date of execution of sentence.
All Justices concur.
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