Hardaway v. State
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Bob Harding was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Bob Harding was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. The district attorney realized that it was doubtful that the jury would believe an unsupported witness who confessed that he was actuated by motives of revenge or gain rather than the defendant, and to induce them to do so he proceeded to furnish them the reason, or rather motive, that would most likely accomplish this result. That was a direct appeal to race prejudice. “There are four reasons,” he…
1Opinion of the CourtSmith, J.
Appellant, a negro, was convicted of the unlawful sale of intoxicating liquor, and appeals to this court.
There were only two witnesses to the fact of the alleged sale — one a white man, introduced on the part of the state, and the appellant, who testified in Ms own behalf. The case is a close one on its facts. In- his closing argument to the jury the acting district attorney, over the protest of appellant, .and unrebuked by the court, appealed to race prejudice by suggesting to the jury that they believe the state witness instead of appellant, for the reason that the state witness was a white…
2Cases cited3 opinions
- Tannehill v. StateSupreme Court of Alabama · 1909
- Hampton v. StateMississippi Supreme Court · 1906
- Harris v. StateMississippi Supreme Court · 1909
3Cited by12 opinions
- Moulton v. StateSupreme Court of Alabama · 1917
- People v. SimonCalifornia Court of Appeal · 1927
- Tate v. StateMississippi Supreme Court · 2001
- Gaston v. StateMississippi Supreme Court · 1960
- Harris v. StateMississippi Supreme Court · 1950
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