Legal Opinion

Turner v. State

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 6 opinions

From the circuit court of Holmes county. Hon. Sydney Smtth, Judge. Turner, appellant, was indicted and tried for unlawfully selling intoxicating liquors, was convicted and sentenced to a fine and imprisonment in the county jail, and appealed to the supreme court.

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From the circuit court of Holmes county. Hon. Sydney Smtth, Judge. Turner, appellant, was indicted and tried for unlawfully selling intoxicating liquors, was convicted and sentenced to a fine and imprisonment in the county jail, and appealed to the supreme court. The only witnesses for the state were two detectives employed by the executive department of the state at a fixed compensation to ascertain where and by whom such liquors were illegally sold; and to testify as witnesses in prosecutions against parties who might be prosecuted for such sales. It was not shown in evidence that the…

1Opinion of the CourtWjtiteielu, C. J.

The fourth instruction asked by the defendant should manifestly have been given. It was in the following words, and was refused: “The court further instructs the jury, for the defendant, that the consideration of the evidence in this case, and determining the weight thereof, and whether the witnesses should be believed or not, is exclusively the province of the jury, and in weighing the evidence in this case, and in saying whether a witness who has testified in this case should be believed, the jury have a right to take into consideration what interest, if any, such witness may have in the…

2Cases cited1 opinion

  1. Vails v. StateMississippi Supreme Court · 1908

3Cited by6 opinions

  1. Metropolitan Life Ins. Co. v. WrightMississippi Supreme Court · 1940
  2. McClellan v. StateMississippi Supreme Court · 1938
  3. State v. MartelNevada Supreme Court · 1910
  4. Wofford v. StateMississippi Supreme Court · 1911
  5. Mosley v. StateCourt of Appeals of Mississippi · 2002

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