Middleton v. State
Mississippi Supreme Court
From tbe circuit court of, second district, Panola county. Hon. Perrin H. Lowrey, Judge. Middleton, appellant, was indicted, tried, and convicted of murder, and sentenced to be bung. He appealed to tbe supreme court. Tbe facts are sufficiently apparent from tbe opinion of tbe court. Tbe instruction is erroneous wbicb authorizes tbe jury to find tbe defendant guilty of murder, if tbey believe tbe killing was accomplished by tbe second shot fired by tbe defendant.
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From tbe circuit court of, second district, Panola county. Hon. Perrin H. Lowrey, Judge. Middleton, appellant, was indicted, tried, and convicted of murder, and sentenced to be bung. He appealed to tbe supreme court. Tbe facts are sufficiently apparent from tbe opinion of tbe court. Tbe instruction is erroneous wbicb authorizes tbe jury to find tbe defendant guilty of murder, if tbey believe tbe killing was accomplished by tbe second shot fired by tbe defendant. There is not a scintilla of evidence in tbe whole case from wbicb any reasonable man would have been warranted in concluding tbe…
1Opinion of the CourtCalhoon, J.
Undoubtedly Middleton shot and slew Ike Jones, who is shown to have been a violent and dangerous character. Middleton presented an application for continuance, based on the absence of an eye witness, which was overruled. We do not pass on this ruling, as the case is determinable regardless of it. The killing occurred about daylight, and three witnesses for the state made out a case warranting conviction from the shots, and what they heard said by defendant and deceased; but none of them saw the beginning of the trouble. Mack Washington, a witness for defense, testified that defendant…
2Cases cited2 opinions
- Williams v. StateMississippi Supreme Court · 1896
- Allen v. StateMississippi Supreme Court · 1889
3Cited by3 opinions
- State v. BottomsSupreme Court of South Carolina · 1973
- Hill v. StateMississippi Supreme Court · 1918
- Comings v. StateMississippi Supreme Court · 1932