Braxton v. State
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. Hon. Sam C. Cook, Judge. Major Braxton was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. We submit that if for no other reason this case should be reversed because the sentence of the court is a nullity in this, that it fixes no time for said sentence to commence.
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Appeal from the circuit court of Quitman county. Hon. Sam C. Cook, Judge. Major Braxton was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. We submit that if for no other reason this case should be reversed because the sentence of the court is a nullity in this, that it fixes no time for said sentence to commence. Kelly v. State, 3 S. & M. 518; Wharton v. State, 41 Miss; 680; Easterling v. State, 35 Miss. 210. Counsel for appellant says the case should be reversed because the court in passing sentence upon defendant did not recite, in the order,…
1Opinion of the CourtReed, J.
There is ample evidence in this ease to sustain the verdict of guilty of manslaughter rendered by the jury, and we do not find any reversible error in the record.
The only assignment of error made by appellant which we will notice is that the case should be reversed because the judgment of the court failed to fix the time for the sentence to commence. The judgment of the court in this case was rendered March 2, 1912, and, after reciting the verdict of the jury, ordered that the appellant be sentenced to the state penitentiary for a term of two years. The appellant cited, to sustain his…
2Cases cited3 opinions
- People v. KingCalifornia Supreme Court · 1865
- Jones v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- Kelly v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
- Brown v. StateMississippi Supreme Court · 1971
- Riley v. CloudMississippi Supreme Court · 1926