Bell v. State
Mississippi Supreme Court
Nrom the circuit court of the first district of Perry county. HoN. S. H. Terral, Judge. Appellant has been convicted of the murder of' one John Powe. The circumstances of the killing, as testified to by the accused himself, briefly stated, are as follows: Accused and deceased had quarreled over some trivial matter, and, according to the testimony of accused, deceased had threatened to kill him.
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Nrom the circuit court of the first district of Perry county. HoN. S. H. Terral, Judge. Appellant has been convicted of the murder of' one John Powe. The circumstances of the killing, as testified to by the accused himself, briefly stated, are as follows: Accused and deceased had quarreled over some trivial matter, and, according to the testimony of accused, deceased had threatened to kill him. On the occasion in question, accused went out into the yard, where deceased was cutting wood, and the quarrel was renewed, whereupon deceased drew back the ax, saying, “I will kill you now, ’ ’ and…
1Opinion of the CourtCooper, C. J.
The circumstances of the homicide were not such as to make competent evidence of the character of the deceased for peace *510or violence. That he was of good or evil repute — irascible or quarrelsome or given to broils — would thrown no light upon the character of the homicide, in view of the evidence. Spivey v. The State, 58 Miss., 858.
The testimony of the wife of the deceased, in which is detailed his supposed dying declaration, was improperly admitted. Repeated examinations of the record deepens our conviction that the court 'should have required a full and careful disclosure of the…
2Cases cited5 opinions
- People v. SimpsonMichigan Supreme Court · 1882
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- Spivey v. StateMississippi Supreme Court · 1881
- Ward v. StateSupreme Court of Alabama · 1885
- Owens v. StateMississippi Supreme Court · 1882
3Cited by16 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. RobertsNevada Supreme Court · 1905
- McNeal v. StateMississippi Supreme Court · 1917
- Fannie v. StateMississippi Supreme Court · 1911
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