Legal Opinion

Dunk v. State

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 8 opinions

From the circuit court of Hancock county. Hon. William T. McDonald, Judge. Dunk, appellant, was indicted, tried, and convicted of the murder of one Nix, and was sentenced to death; he appealed to the supreme court from said conviction and sentence. The opinion states the facts upon which the case was decided by the supreme court.

Read the full summary

From the circuit court of Hancock county. Hon. William T. McDonald, Judge. Dunk, appellant, was indicted, tried, and convicted of the murder of one Nix, and was sentenced to death; he appealed to the supreme court from said conviction and sentence. The opinion states the facts upon which the case was decided by the supreme court. The court erred in admitting, over the objection of the defendant, the testimony of J. K. and T. E. Smith to contradict the testimony of Edgar Jones in reference to a statement not made by the defendant, but a statement made by Jones, a state witness, a statement…

1Opinion of the Court

Truly J.,

delivered.the opinion of the court.

Appellant and William Parker were jointly indicted for murder. • Severance was granted, and appellant placed on trial. The theory of the defendant on the trial was that the deceased, came to his death in a single-handed mutual combat with Parker, the party with whom he was jointly indicted, and that he (the appellant) in no wise participated in the difficulty; that he was not immediately present at the time the shooting occurred, having, left the scene when it became apparent that a difficulty .was impending.; and that he was not armed at the. time-…

2Cases cited3 opinions

  1. Williams v. StateMississippi Supreme Court · 1896
  2. People v. SaffordNew York Supreme Court · 1847
  3. Dixon v. StateSupreme Court of Georgia · 1891

3Cited by8 opinions

  1. Carlisle v. StateMississippi Supreme Court · 1977
  2. Texas Co. v. JacksonMississippi Supreme Court · 1936
  3. General Motors Acceptance Corp. v. LaytonMississippi Supreme Court · 1977
  4. Davis v. StateMississippi Supreme Court · 1904
  5. Allison v. StateMississippi Supreme Court · 1984

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API