Legal Opinion

Pickens v. State

Mississippi Supreme Court

Decided March 15, 1922No. 22113PublishedCited by 21 opinions

Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. • Ben Pickens ivas convicted of murder, and sentenced to death, and he appeals.

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Appeal from circuit court of Sunflower county. Hon. S. F. Davis, Judge. • Ben Pickens ivas convicted of murder, and sentenced to death, and he appeals. It is not permissible to introduce in evidence, as against a conspirator, the acts or declarations of conspirators which were done or made after the conspiracy had come to an end, either through accomplishment of its object or by reason of an abandonment. 16 C. J. 656, sec. 1309; Ósborne v. State, 99 Miss. 419. The special assistant to the attorney-general makes the following candid statement, to-wit: “The confession of White was proof of a…

1Opinion of the Court

Holden, J.,

delivered the'opinion of the court.

The appellant, Ben Pickens, was convicted of murder, and sentenced to death.

On the night of May 31, 1921, T. G. Gross was murdered in his store at Holly Ridge. He was postmaster, and conducted a small country store. It was shown that Mr. Gross was struck with an ax, and also chopped Avith a hatchet, his pockets were rifled, and the post office Avas robbed by the murderer or murderers. When the murder was discovered the next morning the appelant and tAvo other negroes, Buck Kenard and Gerrard White, were charged with the crime. The circumstantial…

2Cited by21 opinions

  1. Johnson v. StateMississippi Supreme Court · 1985
  2. Randall v. StateMississippi Supreme Court · 2001
  3. Johns v. StateMississippi Supreme Court · 1992
  4. State v. ThornhillMississippi Supreme Court · 1965
  5. Buckley v. StateMississippi Supreme Court · 1969

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