Martin v. State
Mississippi Supreme Court
Appeal from the circuit court of Alcorn county. HoN. Claude Clattou, Judge. John Martin was convicted of murder and appeals. The facts are fully stated in the opinion of the court. “The defendant in a criminal prosecution has a right to have the court instruct the jury on the law applicable to his contention, if supported by substantial evidence.
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Appeal from the circuit court of Alcorn county. HoN. Claude Clattou, Judge. John Martin was convicted of murder and appeals. The facts are fully stated in the opinion of the court. “The defendant in a criminal prosecution has a right to have the court instruct the jury on the law applicable to his contention, if supported by substantial evidence. However weak, unsatisfactory, or inconclusive it may appear to the court, to refuse to so instruct the jury would be to invade its province in the trial of a case. The question is not whether, in the mind of the court, the evidence, as a whole,…
1Opinion of the CourtSykes, J.
The appellant, John Martin, in the circuit court of Alcorn county, was convicted of murder for the killing of Walter Taylor, and was sentenced by the court to imprisonment in the penitentiary for life, from which judgment this appeal is prosecuted. The testimony in the case for the state and the defendant was conflicting. The testimony of the state was to the effect that several months previous to the killing the appellant, John Martin, and the deceased had had a fight over a negro woman, in which fight the deceased cut the appellant several times with a penknife; that appellant had stated…
2Cases cited4 opinions
- Rester v. StateMississippi Supreme Court · 1916
- Johnson v. StateMississippi Supreme Court · 1898
- Echols v. StateMississippi Supreme Court · 1915
- Strickland v. StateMississippi Supreme Court · 1902
3Cited by11 opinions
- Ruffin v. StateMississippi Supreme Court · 1984
- Dase v. StateMississippi Supreme Court · 1978
- Anderson v. StateMississippi Supreme Court · 2012
- Newell v. StateMississippi Supreme Court · 1950
- Lee v. StateMississippi Supreme Court · 1922
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