Harris v. State
Mississippi Supreme Court
From the circuit court of Tunica county. HoN. R. W. Williamson, Judge. Appellants, Jesse Harris and Kinney Wilbourn, were indicted for the murder of Henry Mitchell, and were convicted of manslaughter. A motion for a new trial was overruled, and defendants appealed. The defendant, Wilbourn, had made an affidavit charging deceased with maliciously shooting a mule.
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From the circuit court of Tunica county. HoN. R. W. Williamson, Judge. Appellants, Jesse Harris and Kinney Wilbourn, were indicted for the murder of Henry Mitchell, and were convicted of manslaughter. A motion for a new trial was overruled, and defendants appealed. The defendant, Wilbourn, had made an affidavit charging deceased with maliciously shooting a mule. Upon this affidavit a warrant had been issued for the deceased, by a justice of the peace, who placed the same in the hands of defendant, Harris, specially deputizing him to execute it. Harris took Wilbourn to point out Mitchell, both…
1Opinion of the CourtWhitfield, J.
Dr. Irby testifies that the deceased ‘' could have been shot from the side, the way the bullet went in.” Harris testified *102that the pistol of deceased ‘' was in his right-hand hip pocket, and deceased was facing witness kinder sideways; ” and, again, that deceased was close enough to the Winchester; all he had to do was to reach over and get it. It is shown that the range of the ball was inward and upward. Both defendants say that Harris threw down his Winchester, and that deceased, who they say had put his hand on what appeared to be a pistol in his hip pocket, and who, Harris says, appeared…
2Cited by2 opinions
- Leverett v. StateMississippi Supreme Court · 1916
- Boatwright v. StateMississippi Supreme Court · 1919