Smith v. State
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Harvey Smith was convicted of arson and appeals. For former opinion, see 58 South. 979. The facts are fully stated in the opinion of the court. Outside of the inherent improbability of the story of Bryan Morrow and the incapacity of the witness, the record is full of contradictions.
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Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Harvey Smith was convicted of arson and appeals. For former opinion, see 58 South. 979. The facts are fully stated in the opinion of the court. Outside of the inherent improbability of the story of Bryan Morrow and the incapacity of the witness, the record is full of contradictions. Bryan Morrow first admits telling the story to Jimmie Johnson as we have related; Lee Johnson told him that is was true and he must stick to it; before he landed in jail but he also admits that he told sheriff Jones who arrested him and…
1Opinion of the CourtCook, J.
Waiving all present consideration of the doubtful status of a second suggestion of error, we will endeavor *336to make plain our reasons for affirming this case. One might reasonably conclude an affirmance without an opinion necessarily implies that the appellate court has been unable to find any error of law in the record, and, further, that the evidence warranted the finding of the jury. However, learned and ingenious counsel for appellant seem not to appreciate this logical sequence.
Appellant was convicted of arson, and it is contended that the venue was not proven, and that the ownership-of…
2Cited by6 opinions
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- Powers v. StateMississippi Supreme Court · 1933
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- Boyer v. United StatesDistrict of Columbia Court of Appeals · 1944
- Steward v. StateMississippi Supreme Court · 1929
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