Legal Opinion

Vails v. State

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 14 opinions

From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Vails, appellant, was indicted and tried for the murder of ■one James Taylor, convicted of manslaughter, sentenced to the penitentiary for fifteen years, and appealed to the supreme -court. Appellant did not deny the killing, but claimed that he shot the decease in self-defense.

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From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Vails, appellant, was indicted and tried for the murder of ■one James Taylor, convicted of manslaughter, sentenced to the penitentiary for fifteen years, and appealed to the supreme -court. Appellant did not deny the killing, but claimed that he shot the decease in self-defense. The evidence showed that appellant, Taylor and another were passing the home of appellant’s brother-in-law, Lloyd, at night, when an altercation arose between appellant and Taylor, both of whom were under the influence of whiskey, as a result of…

1Opinion of the CourtWhitfield, C. J.

On the testimony in this case, not only were the jury welt warranted in rendering the verdict which they did render, but it does not seem to us at all probable that any other verdict could be rendered on a new trial. We think, therefore, the right result, so far as the testimony is concerned, has manifestly been reached.

The chief contention of/learned counsel for appellant is that the court committed error—reversible error—in giving the-fourth instruction for the state. That instruction is in the following words: “The court instructs the jury, for the state, that they are the sole and…

2Cases cited4 opinions

  1. Buckley v. StateMississippi Supreme Court · 1885
  2. Woods v. StateMississippi Supreme Court · 1890
  3. Smith v. StateMississippi Supreme Court · 1907
  4. Glenn v. StateMississippi Supreme Court · 1887

3Cited by14 opinions

  1. Callas v. StateMississippi Supreme Court · 1928
  2. Baker v. StateMississippi Supreme Court · 1980
  3. Reed v. StateMississippi Supreme Court · 1959
  4. McNamee v. StateMississippi Supreme Court · 1975
  5. Thompson v. StateMississippi Supreme Court · 1930

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