King v. State
Mississippi Supreme Court
From the circuit court of Tate county. Tom King, the appellant, was indicted for the murder of one Walter Clayton. The evidence showed, or tended to show, that defendant laid in wait for the deceased in the early part of the night of the killing, and made threats of doing great bodily harm to deceased if he had to wait on the roadside, along which deceased was expected to come, until midnight.
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From the circuit court of Tate county. Tom King, the appellant, was indicted for the murder of one Walter Clayton. The evidence showed, or tended to show, that defendant laid in wait for the deceased in the early part of the night of the killing, and made threats of doing great bodily harm to deceased if he had to wait on the roadside, along which deceased was expected to come, until midnight. When the deceased came he was in the company of others, and defendant accompanied them along the road, the parties indulging in a spirited quarrel as they went. It appeared, however, for a while before…
1Opinion of the Court
Calhoon, Sp. J.,
delivered the opinion of the court.
There was no error in refusing to permit the witness, Ransom Garrett, to testify to what defendant, King, said when those two were searching for a knife at the place of the killing. We agree with counsel that it was “part of the res gestae, ” but it was part of the res gestee of the search for a knife, and not of the homicide, which had occurred some hours before.
It was not in accordance with proper practice to allow the state, in rebuttal, to extract from the witness, Raiford, a rehearsal of part of his testimony in chief, but it is not…
2Cases cited5 opinions
- Hawthorne v. StateMississippi Supreme Court · 1881
- Thomas v. StateMississippi Supreme Court · 1883
- Dillard v. StateMississippi Supreme Court · 1880
- Ingram v. StateMississippi Supreme Court · 1884
- Hunt v. StateMississippi Supreme Court · 1894
3Cited by4 opinions
- Crenshaw v. StateMississippi Supreme Court · 1988
- State v. ShuffIdaho Supreme Court · 1903
- Sistrunk v. StateMississippi Supreme Court · 1946
- Fluker v. StateCourt of Appeals of Mississippi · 2010