Fowler v. State
Mississippi Supreme Court
From the circuit court of Tate county. How. William A. Roane, Judge. Fowler, appellant, and his son Richard Fowler and son-in-law John Burnett, were jointly indicted in the circuit court ■of Panola county for the murder of Lawrence Turner. On motion the yenue was changed to Tate county; appellant was -separately tried and convicted of murder, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Tate county. How. William A. Roane, Judge. Fowler, appellant, and his son Richard Fowler and son-in-law John Burnett, were jointly indicted in the circuit court ■of Panola county for the murder of Lawrence Turner. On motion the yenue was changed to Tate county; appellant was -separately tried and convicted of murder, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. The evidence shows that- the appellant was not present when the homicide was committed. There is no positive proof that appellant was in…
1Dissent
Whiteield, C. L,
delivered the following dissenting opinion.
The theory of the state, in this case, against the father, was that the father participated in this killing to prevent his daughter eloping with the deceased. The theory of the defense was that the father had nothing to do with this killing, but that the deceased was killed by Richard Fowler and John Burnett, the son and son-in-law of the defendant, because the deceased had already had illicit relations with the daughter of defendant, and was seeking to continue them that night, and that he was not, therefore, killed to prevent their…
2Cases cited2 opinions
- Browning v. StateMississippi Supreme Court · 1872
- Newman v. StateMississippi Supreme Court · 1894