Webb v. State
Mississippi Supreme Court
From the circuit court of Winston county. Hon. A. G. Mayers, Judge. The appellant was convicted of the murder of one Callahan. There was no eyewitness to the killing, and, on the trial, evidence was introduced tending to prove his defense of an alibi.
Read the full summary
From the circuit court of Winston county. Hon. A. G. Mayers, Judge. The appellant was convicted of the murder of one Callahan. There was no eyewitness to the killing, and, on the trial, evidence was introduced tending to prove his defense of an alibi. For the purpose of showing a motive for the crime, the state offered, and the court admitted, over defendant’s objection, evidence to the effect that the accused had seduced the sister of the deceased and whipped his nephew; had refused to marry the sister after promising to do so should her child, when born, resemble him; had threatened to burn…
1Opinion of the CourtCooper, C. J.
The fourth and fifth instructions for the state should not have been given. By the fourth the court undertook to instruct the jury how to weigh and consider the evidence and as to the quantity of evidence or degree of belief in the minds of the jury from which a verdict of guilty ought to follow, and, in so doing fell into the error of advising the jury to convict if it believed the defendant to be guilty. From the opening sentence of the instruction, though it is obscurely expressed, it would seem that the court proposed to instruct the jury that if, from the testimony in reference to an…
2Cases cited3 opinions
- Algheri v. StateMississippi Supreme Court · 1872
- Brown v. StateMississippi Supreme Court · 1894
- Story v. StateMississippi Supreme Court · 1891
3Cited by11 opinions
- Raines v. StateMississippi Supreme Court · 1902
- Hawkins v. StateMississippi Supreme Court · 1955
- Ladner v. StateMississippi Supreme Court · 1967
- State v. MartinOregon Supreme Court · 1906
- Kimbrell v. StateCourt of Criminal Appeals of Oklahoma · 1912
6 more not listed; retrieve them via the Exa API.