Sykes v. State
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Sykes, appellant, a negro, was indicted and tried for the murder of another negro, George McIntosh, was convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The case was before the supreme court on a former appeal, and was remanded to the court below for a new trial.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Sykes, appellant, a negro, was indicted and tried for the murder of another negro, George McIntosh, was convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The case was before the supreme court on a former appeal, and was remanded to the court below for a new trial. Syhes v. State, 89 Miss., 766, 42 South., 875. On the second trial appellant was again convicted, mainly on the testimony of Mattie McIntosh, wife of the deceased, whose testimony was in direct conflict with former testimpny…
1Opinion of the CourtWhitfield, C. J.
This is the second appearance of this case in this court. We-think it was error in the circuit court not to have required the jury to clear up their manifestly cloudy verdict; but we would not be willing to reverse for this error alone. The ground on which we prefer to rest our ruling is that the testimony of the woman, on whose testimony conviction was manifestly had, is-utterly unworthy of belief. No conviction should be allowed to stand on testimony of this character.
Reversed and remanded.
Mayes, J., dissented.
2Cited by7 opinions
- Hunter v. StateMississippi Supreme Court · 1924
- Moore v. StateMississippi Supreme Court · 1974
- Harmon v. StateMississippi Supreme Court · 1932
- Smith v. StateMississippi Supreme Court · 1914
- Jenkins v. StateMississippi Supreme Court · 1927
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