Legal Opinion

Turner v. State

Mississippi Supreme Court

Decided October 15, 1919No. 20977PublishedCited by 8 opinions

Appeal from the circuit court of Simpson county. Hon. H. H. Hughes, Judge. George Turner’s motion to withdraw a plea of guilty to assault with intent to kill and enter a plea of not guilty was denied and he appeals. The facts are fully stated in the opinion of the court. Section 28 of the constitution of the state of Mississippi reads as follows: “Cruel or unusual punishment shall not he inflicted nor excessive fines he imposed.”

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Appeal from the circuit court of Simpson county. Hon. H. H. Hughes, Judge. George Turner’s motion to withdraw a plea of guilty to assault with intent to kill and enter a plea of not guilty was denied and he appeals. The facts are fully stated in the opinion of the court. Section 28 of the constitution of the state of Mississippi reads as follows: “Cruel or unusual punishment shall not he inflicted nor excessive fines he imposed.” Viewing the two sentences, in the cases against appellant for the charges preferred, is it not apparent that the same is manifestly unusual and cruel? Or that the…

1Opinion of the CourtEthridge, J.

George Turner, the appellant, was indicted in the circuit court of Simpson county for an assault with in-ten to kill and murder one Lawrence Buchanan, and was arrested on said charges and entered a plea of guilty thereto, and was sentenced to serve a term of ten years in the state penitentiary. Subsequent to entering a plea of guilty the appellant filed his motion to be allowed to withdraw his plea of guilty and enter a plea of “Not guilty,” and to be allowed to have a trial on the merits, alleging in his petition that he was an ignorant negro and did not know and was not advised of his legal…

2Cases cited1 opinion

  1. Gurley v. StateMississippi Supreme Court · 1911

3Cited by8 opinions

  1. Pittman v. StateMississippi Supreme Court · 1945
  2. Owen v. StateMississippi Supreme Court · 1936
  3. Edwards v. StateMississippi Supreme Court · 1950
  4. Hearn v. StateMississippi Supreme Court · 1954
  5. Johnson v. StateMississippi Supreme Court · 1970

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