Gilbert v. State
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. Frank E. Larkin, Judge. Edward Gilbert, the appellant, was indicted for the murder of one Sandy Neill, was tried and convicted, in the court below, of manslaughter, and sentenced to the penitentiary for a term of ten years, from which conviction and sentence he appealed to the supreme court.
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From the circuit court of Tunica county. Hon. Frank E. Larkin, Judge. Edward Gilbert, the appellant, was indicted for the murder of one Sandy Neill, was tried and convicted, in the court below, of manslaughter, and sentenced to the penitentiary for a term of ten years, from which conviction and sentence he appealed to the supreme court. There was a preliminary investigation of the case before a justice of the peace, in which William Bates, Coleman Joiner, and William Hunt were sworn and testified as witnesses, and their testimony was reduced to writing by the presiding magistrate, who duly…
1Opinion of the CourtWhitfield, C. J.
The first and fourth assignments of error are well taken.
We would not reverse for the first, but the second error (fourth assignment) is fatal. See authorities cited in brief of appellant’s counsel.
Reversed and remanded.
2Cited by5 opinions
- Long v. StateMississippi Supreme Court · 1902
- Simmons v. StateMississippi Supreme Court · 1914
- Cothern v. StateMississippi Supreme Court · 1953
- Westbrook v. StateMississippi Supreme Court · 1935
- Weaver v. Grenada BankMississippi Supreme Court · 1938