Abney v. State
Mississippi Supreme Court
Appeal from circuit court of Copiah county. I-Ion. D. M. Miller,. Judge. Santy Abney was convicted of manslaughter, and she appeals.
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Appeal from circuit court of Copiah county. I-Ion. D. M. Miller,. Judge. Santy Abney was convicted of manslaughter, and she appeals. It is insisted that there is no reason in law or in principle why the prosecuting attorney should not state to the jury the maximum and minimum punishment in the event of a conviction of manslaughter, provided only that he states the law correctly, and it is even insisted by counsel for appellee that it would be wise and just for the district attorney to do so. We do not agree with counsel for appellee in his conclusions on this subject, and this practice has…
1Opinion of the CourtSmith, C. J.
The appellant was indicted for murder and convicted of manslaughter. According to the evidence introduced by the state, the appellant is guilty of murder; according to that introduced in her own behalf, she is innocent; and on which side the truth lies is an exceedingly difficult question to determine.
The court submitted to the jury the question of the defendant’s guilt of either murder or manslaughter, and *550the district attorney in his closing argument, over the objection of the appellant, stated to the jury that, in event they should return a verdict for manslaughter, “the maximum penalty is…
2Cases cited2 opinions
- Ellerbe v. StateMississippi Supreme Court · 1901
- Windham v. StateMississippi Supreme Court · 1907
3Cited by16 opinions
- Williams v. StateMississippi Supreme Court · 1984
- Marks v. StateMississippi Supreme Court · 1988
- State v. HarrisSupreme Court of Louisiana · 1971
- Thomas v. StateMississippi Supreme Court · 2002
- McDowell v. StateMississippi Supreme Court · 2001
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