Legal Opinion

Dean v. State

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 7 opinions

From the circuit court of'Holmes county! Hon. A. Mc’C. Kimbrough, Judge. Dean, the appellant, was indicted, tried, and convicted of murder and' sentenced to be hanged, and appealed to ' the supreme court. Dean was jointly indicted with William and Samuel CampJ bell for the murder of one Washington Honey. There was a severance, and Dean'was tried, with the result -above stated. His motion for a new trial was overruled.

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From the circuit court of'Holmes county! Hon. A. Mc’C. Kimbrough, Judge. Dean, the appellant, was indicted, tried, and convicted of murder and' sentenced to be hanged, and appealed to ' the supreme court. Dean was jointly indicted with William and Samuel CampJ bell for the murder of one Washington Honey. There was a severance, and Dean'was tried, with the result -above stated. His motion for a new trial was overruled. The evidence showed that on the night of ther18th of December, 1903, Washington Floney and his wife were murdered in Holmes county, their bodies placed on a bed, face down, in…

1Opinion of the CourtTruly, J.

The chief argument in behalf of appellant, as to both the proof and the instructions, is based upon the fallacious assumption that he was merely an accessory of "William Campbell, who was jointly indicted with him. This argument is unsound. Noth at common law and by statute, appellant was a principal, :and his guilt in no wise depends upon the guilt or innocence, the conviction or acquittal, of any other participant in the commission of the crime. If appellant “aided, assisted, and encouraged” in the murder, he was guilty as charged, whether his confederate was Campbell or “any other person,”…

2Cited by7 opinions

  1. Wages v. StateMississippi Supreme Court · 1950
  2. West v. StateMississippi Supreme Court · 1958
  3. Bond v. StateMississippi Supreme Court · 1922
  4. Scales v. StateMississippi Supreme Court · 1974
  5. Bailey v. StateMississippi Supreme Court · 1926

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