Bailey v. State
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. . Bailey, appellant, was indicted and tried for the murder of one George James, was convicted of manslaughter, sentenced to the penitentiary and appealed to the supreme court. In view of the opinion of the court a statement of the facts is unnecessary. Great stress was laid by the state on appellant’s supposed' flight.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. . Bailey, appellant, was indicted and tried for the murder of one George James, was convicted of manslaughter, sentenced to the penitentiary and appealed to the supreme court. In view of the opinion of the court a statement of the facts is unnecessary. Great stress was laid by the state on appellant’s supposed' flight. It was shown, however, that he only stayed out of the-way of the officers until court met, which was less than a month, because he felt that he could not make bond and employ a lawyer; the second day of…
1Opinion of the CourtFletcher, J.
We cannot reverse this case on account of the court’s action in refusing to set aside the verdict on the ground of newly discovered evidence. Such evidence tended only to impeach the evidence of the witness McLendon, by no means the only, or indeed the strongest, witness for the state. The rule is well established that a new trial will not be granted on the ground of newly discovered evidence, the only effect of which is to impeach the credibility of a witness. Moore v. Chicago, etc., R. R. Co., 59 Miss. 243.
The only other question seriously pressed is that the court erred in refusing to…
2Cases cited1 opinion
- Moore v. Chicago, St. Louis & New Orleans RailroadMississippi Supreme Court · 1881
3Cited by5 opinions
- Foust v. StateIndiana Supreme Court · 1928
- Ennis v. Yazoo & M. V. R.Mississippi Supreme Court · 1918
- Williamson v. StateMississippi Supreme Court · 1933
- Hart v. StateMississippi Supreme Court · 1928
- Cornish v. McCoyMississippi Supreme Court · 1956