Watson v. State
Mississippi Supreme Court
From the circuit court of Calhoun county. Hon. William F. Stevens, Judge. Watson, appellant, was indicted for the murder of one Andrew Ashley; was tried and convicted of manslaughter and sentenced to the penitentiary for a term of five years, from which conviction and sentence he appealed to the supreme court. At the March term, 1902, on the first day of the term, the case was called and the state announced itself ready for trial.
Read the full summary
From the circuit court of Calhoun county. Hon. William F. Stevens, Judge. Watson, appellant, was indicted for the murder of one Andrew Ashley; was tried and convicted of manslaughter and sentenced to the penitentiary for a term of five years, from which conviction and sentence he appealed to the supreme court. At the March term, 1902, on the first day of the term, the case was called and the state announced itself ready for trial. Appellant’s witnesses were called, and it was discovered thát one of his material witnesses, named Stewart, was not present. The clerk produced a certificate from a…
1Opinion of the CourtCalhoon, J.
On a conflict of evidence as to who was the aggressor, recent threats by deceased, communicated or uncommunicated, are admissible to show the, character of the homicide. B. & A.’s Digest, p. 321, clause 233. Such conflict appears sharply in this record. The testimony of Stewart, the only witness to the threats who was not related to the accused, was quite im*703por taut to him, and he had the right to his personal presence before the jury, and to compulsory process for him to the next term of the court; it not being available to the trial term, and but one continuance being involvéd. Scott v.…
2Cases cited2 opinions
- Long v. StateMississippi Supreme Court · 1876
- Scott v. StateMississippi Supreme Court · 1902
3Cited by4 opinions
- Walton v. StateMississippi Supreme Court · 1905
- Bynum v. StateMississippi Supreme Court · 1962
- Caldwell v. StateMississippi Supreme Court · 1904
- Walker v. StateMississippi Supreme Court · 1922