Wesley v. State

Decision Date04 March 1929
Docket Number27587
CourtMississippi Supreme Court
PartiesWESLEY v. STATE. [*]

Division B

HOMICIDE. Where state's evidence in manslaughter case merely tended to prove facts not inconsistent with innocence, there was no issue for jury.

In prosecution for manslaughter, where facts which state's evidence tended to prove were not inconsistent with defendant's innocence, they were insufficient to raise an issue for jury as to defendant's guilt.

HON. R. L. CORBAN, Judge.

APPEAL from circuit court of Franklin county., HON. R. L. CORBAN, Judge.

John Wesley was convicted of manslaughter, and he appeals. Reversed, and defendant discharged.

Reversed, and defendant discharged.

V. H. Torrey, for appellant.

Rufus Creekmore, Assistant Attorney-General, for the state.

OPINION

ANDERSON, J.

Appellant was indicted and convicted in the circuit court of Franklin county of the crime of manslaughter, and sentenced to the penitentiary for the term of five years. From that judgment, appellant prosecutes this appeal.

The only question is whether the evidence was sufficient to sustain conviction.

Appellant and Dewey Cotton were the only eyewitnesses who testified. They made out a case of self-defense, and their evidence as to how the homicide occurred was in substantial agreement and not unreasonable.

The state introduced witnesses who testified to certain physical facts surrounding the scene of the homicide, which facts, it contends, were contradictory of the testimony of the two eyewitnesses. We do not think the contention well founded. Taking as true every fact which the state's evidence tended to prove, we are of the opinion that they were not inconsistent with appellant's innocence, and are therefore insufficient to raise an issue for the jury.

Reversed, and defendant discharged.

---------

Notes:

[*]Corpus Juris-Cyc References: Homicide, 30CJ, section 570, p. 324, n. 69.

---------

To continue reading

Request your trial
30 cases
  • Vance v. State
    • United States
    • Mississippi Supreme Court
    • September 12, 1938
    ... ... State, 178 Miss. 103, ... 177 So. 869; [182 Miss. 842] Weathersby v ... State, 165 Miss. 207, 147 So. 481; Jones v ... State, 60 So. 735; Sides v. State, 96 Miss ... 638, 51 So. 465; Conway v. State, 177 Miss. 461, 171 ... So. 16; Henerson v. State, 180 So. 89; Wesley v ... State, 153 Miss. 357, 120 So. 918; Walters v ... State, 153 Miss. 709, 122 So. 189; Kelly v ... State, 147 So. 487; Williams v. State, 160 ... Miss. 223, 133 So. 661; Byrd v. State, 154 Miss. 742, 123 So ... The ... trial court ought to have peremptorily instructed ... ...
  • Dean v. State
    • United States
    • Mississippi Supreme Court
    • May 27, 1935
    ... ... 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. State, 165 Miss. 207; 23 C. J., sec ... Homicide ... may not be imputed to a defendant on the basis of mere ... suspicions, though they are the ... ...
  • Dean v. State
    • United States
    • Mississippi Supreme Court
    • April 8, 1935
    ... ... 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 ... State, 165 Miss. 207; 23 C. J., sec. 1791 ... Homicide ... may not be imputed to a defendant on the basis of mere ... suspicious, though they are the ... ...
  • Gilliam v. State
    • United States
    • Mississippi Supreme Court
    • December 11, 1939
    ... ... v. State, 146 Miss. 510, 112 So. 673; Bennett v ... State, 152 Miss. 728, 120 So. 837; Smith v ... State, 161 Miss. 430, 137 So. 96; Winchester v ... State, 163 Miss. 462, 142 So. 454; Busby v ... State, 177 Miss. 68, 170 So. 140; Long v ... State, 163 Miss. 535, 141 So. 591; Wesley v. State, 153 ... Miss. 357, 120 So. 918 ... The ... court erred in granting the state the two instructions ... requested. These instructions invited the jury to return a ... hanging verdict, failed to correctly charge the jury as to ... their power to fix the punishment at life ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT