Bennett v. State

.PATTERSON, Justice

(dissenting):

With deference to the majority of the Court, I dissent.

In reviewing this case we can look only to the evidence as reflected in the record before us, and not to the records of the separate trials of appellant’s co-indictees. Ware v. State, 186 Miss. 533, 191 So. 678 (1939).

Appellant’s appeal is based on the theory that the corpus delicti was not proved. In my opinion, the evidence was insufficient to sustain, a conviction. Proof of the corpus delicti is indispensable. Pitts v. State, 43 Miss. 472 (1870). The corpus delicti in a homicide case consists of the fact…