From Casetext: Smarter Legal Research

Wesley v. State

Supreme Court of Mississippi, Division B
Mar 4, 1929
120 So. 918 (Miss. 1929)

Opinion

No. 27587.

March 4, 1929.

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.

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

V.H. Torrey, for appellant.

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



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.


Summaries of

Wesley v. State

Supreme Court of Mississippi, Division B
Mar 4, 1929
120 So. 918 (Miss. 1929)
Case details for

Wesley v. State

Case Details

Full title:WESLEY v. STATE

Court:Supreme Court of Mississippi, Division B

Date published: Mar 4, 1929

Citations

120 So. 918 (Miss. 1929)
120 So. 918

Citing Cases

Weathersby v. State

The statements by appellant and his wife of the manner and conduct of deceased immediately before, and at the…

Willette v. State

VIII. The Court erred in refusing to grant to the appellant the peremptory instruction, requesting the Court…