Davis v. State
Mississippi Supreme Court
From the circuit court of Attala county. Hon. William J. Lamb, Special Judge. Davis, the appellant, was indicted and tried for the murder of James Bieldes, and was convicted of manslaughter, and appealed to the supreme court.
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From the circuit court of Attala county. Hon. William J. Lamb, Special Judge. Davis, the appellant, was indicted and tried for the murder of James Bieldes, and was convicted of manslaughter, and appealed to the supreme court. The facts upon which the decision turned are sufficiently apparent from the opinion of the court. [The original and main brief of appellant’s counsel and.the brief of counsel for appellee were withdrawn from the record, mislaid, or lost before the transcript came to the hands of the reporter. The reporter, however, found an additional, or supplemental, brief for…
1Opinion of the CourtTruly, J.
The action of the court in permitting Mrs. Rickies,, the wife of' the deceased, to testify that after the homicide she had heard one Richardson state that the defendant had made threats against the deceased, was palpable error. The trial judge evidently realized the error committed, for at a subsequent stage of the trial, of his own motion, he excluded from the jury the testimony in reference to the threats. But we cannot confidently affirm that this undid the-evil--effect of the erroneous-admission of the evidence. With this plainly incompetent hearsay testimony stricken out, there was no…
2Cases cited5 opinions
- Williams v. StateMississippi Supreme Court · 1896
- Garner v. StateMississippi Supreme Court · 1898
- Chism v. StateMississippi Supreme Court · 1893
- Dunk v. StateMississippi Supreme Court · 1904
- Illinois Central Railroad v. ElyMississippi Supreme Court · 1903
3Cited by7 opinions
- Lakey v. StateSupreme Court of Alabama · 1952
- Walker v. StateMississippi Supreme Court · 1929
- State v. ReesMontana Supreme Court · 1910
- Ware v. StateMississippi Supreme Court · 1926
- Barnes v. StateMississippi Supreme Court · 1928
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