Maston v. State
Mississippi Supreme Court
Neom: the circuit court of Tunica county. TIon. Samuel 0. Cook, Judge. Maston, appellant, was indicted, tried, and convicted of the murder of one William Harris, was sentenced to suffer, death, and appealed to the supreme court. The facts upon which the decision turned are fully stated in the opinion of the court. The first instruction for the state is directly on the weight of evidence, and should have been refused.
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Neom: the circuit court of Tunica county. TIon. Samuel 0. Cook, Judge. Maston, appellant, was indicted, tried, and convicted of the murder of one William Harris, was sentenced to suffer, death, and appealed to the supreme court. The facts upon which the decision turned are fully stated in the opinion of the court. The first instruction for the state is directly on the weight of evidence, and should have been refused. The defense relied on is that the defendant is subject to occasional spells of insanity, caused by a fall received by him in his youth, that at such times he is utterly incapable…
1Opinion of the CourtTeuly, J.
The first instruction granted by the court for the state stated *650to the jury that certain testimony therein detailed “was only admitted in evidence for the purpose of showing the sanity or insanity of the defendant,” and proceeded further to state that, if they believed he (the defendant) was sufficiently sane at the time of the homicide to know right from wrong, then “they will not consider the evidence in justification, palliation, or excuse of the crime.” This was an instruction clearly on the weight of the evidence, and hence an invasion of the province of the jury. What weight is to be…
2Cases cited5 opinions
- Fore v. StateMississippi Supreme Court · 1898
- Wesley v. StateMississippi Supreme Court · 1872
- Coleman v. StateMississippi Supreme Court · 1882
- Westbrooks v. StateMississippi Supreme Court · 1899
- Oliver Finnie Grocery Co. v. SumnerMississippi Supreme Court · 1895
3Cited by3 opinions
- Calloway v. StateMississippi Supreme Court · 1929
- Horton v. StateMississippi Supreme Court · 1904
- Turley v. IngramMississippi Supreme Court · 1884