Spivey v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County. Hon. Samuel Powell, Judge. Needham G. Spivey was convicted- of the murder of W. W. Bailey. The circumstances of the homicide, as shown by the record, are sufficiently set forth in the opinion of the court. On the trial, a witness for the State testified that immediately after the killing, John Spivey, a son of the accused, in the presence of his father, called to his brother, saying, “ Run here; pa has killed Capt. Bailey.”
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Appeal from the Circuit Court of Panola County. Hon. Samuel Powell, Judge. Needham G. Spivey was convicted- of the murder of W. W. Bailey. The circumstances of the homicide, as shown by the record, are sufficiently set forth in the opinion of the court. On the trial, a witness for the State testified that immediately after the killing, John Spivey, a son of the accused, in the presence of his father, called to his brother, saying, “ Run here; pa has killed Capt. Bailey.” This testimony was admitted, against the objection of the defendant. Two notes, being correspondence between the deceased…
1Opinion of the CourtCampbell, J.
Because the homicide is shown to have occurred in the Second Court District of Panola County, and therefore the Circuit Court of the First District did not have cognizance of the case, the judgment will be reversed ; but, with a view to another trial, it is proper to pass on other questions presented by the record.
The fact that the record here does not contain a copy of the indictment is not cause for reversal, as decided on the motion in this case on a former day.
The testimony that John Spivey, in the presence of the accused, called to his brother, saying, “ Bun here ; pa has killed Capt.…
2Cases cited1 opinion
- Finley v. HuntMississippi Supreme Court · 1878
3Cited by26 opinions
- Fisher v. StateMississippi Supreme Court · 1985
- Davis v. StateMississippi Supreme Court · 1996
- Hughes v. StateMississippi Supreme Court · 1999
- Harveston v. StateMississippi Supreme Court · 1986
- Garner v. StateSupreme Court of Florida · 1891
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