Gables v. State
Mississippi Supreme Court
Appeal from the circuit court of Calhoun county. Hon. W. A. Eoane, Judge. Elbert Gables was convicted of malicious 'mischief and appeals. ....
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Appeal from the circuit court of Calhoun county. Hon. W. A. Eoane, Judge. Elbert Gables was convicted of malicious 'mischief and appeals. .... The facts are fully stated in the opinion of the court: The question as to whether Hollis saw Gables break the windows being the issue before the jury, it will be ■conceded, we think, that any evidence that tended to weaken the testimony of the witness Hollis was all important to the defendant and if it could be shown by any witness that the defendant had made statements out of •court contrary to what he states in court, the court should have permitted…
1Opinion of the CourtAnderson, J.
The appellant was convicted of the crime of malicious mischief, and appeals to this court.
The only eyewitness to the alleged crime, who testified for the state, was one Hollis, who stated that he was in the cemetery about one hundred and fifty yards from New Liberty Church, when he saw the appellant, who was accompanied by the state’s witness, his cousin, Tom Lee Neal, break out the windows of the church with a stick; Neal protesting against his doing it. The appellant and Neal both denied that appellant broke out the windows of the church. On cross-examination, the state’s witness Hollis…
2Cases cited3 opinions
- Smith & Vaile Co. v. ButtsMississippi Supreme Court · 1894
- Jeffries v. StateMississippi Supreme Court · 1900
- Riley v. StateMississippi Supreme Court · 1897
3Cited by2 opinions
- United States Fidelity & Guaranty Co. v. StaffordMississippi Supreme Court · 1971
- Poole v. StateMississippi Supreme Court · 1911