Smith v. State
Mississippi Supreme Court
From the circuit court of Lowndes county. IIon. John L. Buckley, Judge. Smith, appellant, was indicted, tried and convicted of murder, sentenced to the penitentiary for life and appealed to the supreme court. The judges were not unanimous in their conclusions touching the facts.
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From the circuit court of Lowndes county. IIon. John L. Buckley, Judge. Smith, appellant, was indicted, tried and convicted of murder, sentenced to the penitentiary for life and appealed to the supreme court. The judges were not unanimous in their conclusions touching the facts. The opinion in chief sufficiently states the facts as ascertained from the record by a majority of the court to render a further statement by the reporter unnecessary to a comprehension of the principles decided. The chief justice dissented from some of the findings of fact by the other judges, as shown by his…
1Dissent
WiiiTEiEin, C. J.,
delivered the following dissenting opinion..
The appellant killed Mr. Laurent at Artesia, Miss., on the-15th day of January, 1909. The killing was merciless and cruel in the extreme. Laurent was unarmed and anticipating-no difficulty. Smith had come to the depot in his hack to meet his daughter, whom he expected from Columbus. Laurent was-standing near the depot building, on the grounds of which there ■were some scores of persons; Smith did not see him. When Smith, walking north, had passed him two- or three steps, Laurent, seeing Smith, stepped forward and extended his hand…
2Cases cited5 opinions
- Roberts v. StateSupreme Court of Georgia · 1847
- Cunningham v. StateMississippi Supreme Court · 1879
- Raines v. StateMississippi Supreme Court · 1902
- Cartwright v. StateMississippi Supreme Court · 1893
- Rembert v. StateMississippi Supreme Court · 1879