Harwell v. State
Mississippi Supreme Court
Appeal from circuit court of Sunflower county. Hon. S. P. Davis, Judge. Tliomas Harwell and others were convicted of the manufacture of intoxicating liqtíors, and they appeal. Now as to the second assignment of error, to-wit that the district attorney’s comments upon the failure of Payne to take the stand, and testify, there can be no doubt that this was highly prejudicial to Payne and Harwell and in our opinion was the sole and only cause of the verdict of the jury.
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Appeal from circuit court of Sunflower county. Hon. S. P. Davis, Judge. Tliomas Harwell and others were convicted of the manufacture of intoxicating liqtíors, and they appeal. Now as to the second assignment of error, to-wit that the district attorney’s comments upon the failure of Payne to take the stand, and testify, there can be no doubt that this was highly prejudicial to Payne and Harwell and in our opinion was the sole and only cause of the verdict of the jury. It has been the rule of this court in a long line of cases, which will be cited at the conclusion of this brief, to hold'such…
1Opinion of the CourtEthridge, J.
The appellants were' tried and convicted for the manufacture of intoxicating liquors, and each sentenced to serve a term in the state penitentiary. It appears from the state’s evidence that the defendants were arrested in a thicket near the residence of one of them, having a crude still in which was fermented mash, and that'a fire had been kindled under the still and was burning at the time of the arrest, and that the bucket under the apparatus contained intoxicating liquors, which had run through a process of distillation, and that such liquor was intoxicating. The state witness did not…
2Cases cited6 opinions
- Martin v. StateMississippi Supreme Court · 1886
- Perkins v. GuyMississippi Supreme Court · 1877
- Gurley v. StateMississippi Supreme Court · 1911
- Moseley v. StateMississippi Supreme Court · 1916
- Illinois Central Railroad v. WeinsteinMississippi Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alexander v. StateMississippi Supreme Court · 1992
- Livingston v. StateMississippi Supreme Court · 1988
- Monroe v. StateMississippi Supreme Court · 1987
- Wright v. StateMississippi Supreme Court · 2007
- Peterson v. StateMississippi Supreme Court · 1978
5 more not listed; retrieve them via the Exa API.