Legal Opinion

Bell v. State

Mississippi Supreme Court

Decided November 15, 1906PublishedCited by 10 opinions

From the circuit court of Attalla county. Hon. J. T. Dunn, Judge. Bell, the appellant, was indicted and tried for' the murder of one David White; was convicted of manslaughter, sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing of White occurred at night in a room of a hotel in the town of Kosciusko, and was the result of a quarrel which arose between the parties while gambling.

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From the circuit court of Attalla county. Hon. J. T. Dunn, Judge. Bell, the appellant, was indicted and tried for' the murder of one David White; was convicted of manslaughter, sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing of White occurred at night in a room of a hotel in the town of Kosciusko, and was the result of a quarrel which arose between the parties while gambling. Immediately after the tragedy the appellant fled to his home in the country, but notified the sheriff of the county, the next day, that he would come to Kosciusko and…

1Opinion of the CourtWhitfield, C. J.

This was a very close case upon the evidence, making it, consequently, of vital importance that there should be no material error of law committed by the court below against the appellant. The court refused to give for the appellant instruction B, which is as follows: “The court instructs the jury that in connection with the circumstances that, after the killing of David White, the defendant went to his home, they may also consider the fact, if such is proved, that on the day after the night on which he returned home he voluntarily notified the sheriff of Attala county that he would come in…

2Cases cited7 opinions

  1. Clem v. StateIndiana Supreme Court · 1873
  2. State v. WittSupreme Court of Kansas · 1885
  3. Castle v. StateIndiana Supreme Court · 1881
  4. Carter v. StateSupreme Court of Alabama · 1893
  5. Hamilton v. SmithSupreme Court of Iowa · 1881

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

3Cited by10 opinions

  1. Green v. StateAlabama Court of Appeals · 1923
  2. Doty v. StateAlabama Court of Appeals · 1913
  3. Walford v. StateMississippi Supreme Court · 1913
  4. Easter v. StateMississippi Supreme Court · 1941
  5. McHan v. StateAlabama Court of Appeals · 1924

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

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