May v. State
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. A. McC. Kimbrough, Judge. May, the appellant, a negro, was indicted and tried for and convicted of the murder of his wife, Koberta May, sentenced to suffer death, and appealed to the supreme court. The testimony showed that the killing occurred at a negro dance. Appellant’s wife accused him of having committed adultery -with the wife of one Jennings, and this she did in the presence of Jennings.
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From the circuit court of Sunflower county. Hon. A. McC. Kimbrough, Judge. May, the appellant, a negro, was indicted and tried for and convicted of the murder of his wife, Koberta May, sentenced to suffer death, and appealed to the supreme court. The testimony showed that the killing occurred at a negro dance. Appellant’s wife accused him of having committed adultery -with the wife of one Jennings, and this she did in the presence of Jennings. Appellant denied the charge, and thereupon, his wife slapped him in the face and cursed him, and Jennings at the same time demanded of-the appellant to…
1Opinion of the Court
Whitfield, C. J.,
delivered tire opinion of the court.
The jury would have been well warranted in finding a verdict of manslaughter only in this case. Indeed, the evidence could not well -warrant any more serious finding, and yet there is not an instruction in the case ais to manslaughter. The case falls precisely within Johnson v. State, 75 Miss., 635 (23 South. Rep., 519).
Reversed and remanded.
2Cases cited1 opinion
- Johnson v. StateMississippi Supreme Court · 1898
3Cited by2 opinions
- State v. MichaelWest Virginia Supreme Court · 1914
- Farr v. StateMississippi Supreme Court · 1946