Weathersby v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. I-Ion. Moyse II. Wilkinson, Judge. Weathersby, appellant, was indicted and tried for the murder of one Emanuel Miller, was convicted, the jury failing to fix his punishment at imprisonment for life in the penitentiary, thereby subjecting him under the statute, Code 1906, § 1229, to the death penalty. The defendant’s motion for a new trial because of newly discovered evidence was overruled by the trial court.
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From the circuit court of Lincoln county. I-Ion. Moyse II. Wilkinson, Judge. Weathersby, appellant, was indicted and tried for the murder of one Emanuel Miller, was convicted, the jury failing to fix his punishment at imprisonment for life in the penitentiary, thereby subjecting him under the statute, Code 1906, § 1229, to the death penalty. The defendant’s motion for a new trial because of newly discovered evidence was overruled by the trial court. The homicide occurred May 22, 1908; the indictment was found May 23, 1908, and defendant was put to trial and convicted June 3, 1908. In view of…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
If the testimony delivered in chief for the state be looked at alone, undoubtedly the verdict is correct; but, if the facts are as stated in the testimony of French on motion for a new trial on the ground of newly discovered evidence, then certainly a material part of the evidence for the state in chief will be seriously shaken. The affidavits of the counsel and of the defendant himself complied fully with the rules in respect to applications for new trials on the ground of newly dscovered evidence.
Looking to the whole case, we feel safer,…
2Cited by1 opinion
- Campbell v. StateMississippi Supreme Court · 1920