Kearney v. State
Mississippi Supreme Court
From: the circuit court of Warren county. Hon. J. D. Gilland, Judge. The case is stated in the opinion. It was error to allow Dr. Quin, a witness for the defense, to be asked and to answer the question whether the accused had ever killed a man before. The mere fact that Kearney may have killed another man should not in the least degree militate against the idea that he was a peaceable man, for non constat such killing may have been in self-defense and justifiable.
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From: the circuit court of Warren county. Hon. J. D. Gilland, Judge. The case is stated in the opinion. It was error to allow Dr. Quin, a witness for the defense, to be asked and to answer the question whether the accused had ever killed a man before. The mere fact that Kearney may have killed another man should not in the least degree militate against the idea that he was a peaceable man, for non constat such killing may have been in self-defense and justifiable. Such a course of examination was most prejudicial to the accused. He did not put his character in issue, and if he had, it was not…
1Opinion of the CourtCooper, J.
The appellant has been convicted of the murder of James Fos-sett, and sentenced to capital punishment. The defense principally relied on in the court below was that, at the time of the homicide, appellant was insane by reason of an attack of mania a pota, resulting from prolonged and excessive use of intoxicating liquor. Many errors are assigned, but we note only such as may be of probable importance in the further prosecution of the indictment.
On the trial of the cause, Dr. R. A. Quin was introduced as a witness by the defendant to prove the character of the defendant for peace or violence,…
2Cited by21 opinions
- Evans v. StateMississippi Supreme Court · 1982
- Snelson v. StateMississippi Supreme Court · 1997
- Bennett v. StateMississippi Supreme Court · 2006
- Winters v. StateMississippi Supreme Court · 1984
- Harvey v. StateMississippi Supreme Court · 1968
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