Evans v. State
Mississippi Supreme Court
From the circuit court'of, first district, Chickasaw county. Hon. Eugene O. Svices, Judge. Evans, the appellant, was tried for and convicted of murder, and appealed to the supreme court.
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From the circuit court'of, first district, Chickasaw county. Hon. Eugene O. Svices, Judge. Evans, the appellant, was tried for and convicted of murder, and appealed to the supreme court. Appellant assigned as error the refusal of the trial court to compel the state to instruct the jury on the penalty as provided' in Code 1892, § 1439, which is as follows: “In any case in which the penalty prescribed by law upon the conviction of the accused is death, except in cases otherwise provided, the jury finding a verdict of guilty may fix the punishment at imprisonment for the natural life of the…
1Opinion of the CourtCaliioon, J.
Reversal is ashed because, on the request of the accused, the court below refused to compel the state “to instruct the jury that, if they pronounced the defendant guilty as charged, the death penalty would follow unless they fixed the punishment at imprisonment in the penitentiary.” This assignment of error cannot prevail, because it appears below only as a ground in the motion for a new trial and without evidence of such refusal. The assignment is futile, also, because the instruction was in fact given at the instance of the accused, and there was no need to give it twice. In Walton v.…
2Cases cited6 opinions
- Spain v. StateMississippi Supreme Court · 1881
- Gammons v. StateMississippi Supreme Court · 1904
- Jeffries v. StateMississippi Supreme Court · 1897
- Shepprie v. StateMississippi Supreme Court · 1901
- Klyce v. StateMississippi Supreme Court · 1901
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3Cited by2 opinions
- Jones v. StateMississippi Supreme Court · 1923
- Donahue v. StateMississippi Supreme Court · 1926