Booker v. State
Mississippi Supreme Court
1DissentKitchens, Justice
¶ 40. Because Chad Booker was entitled to a directed verdict of acquittal, I dissent.
¶ 41. In Weathersby v. State, 165 Miss. 207, 147 So. 481, 482 (1933), this Court held that:
[i]t has been for some time the established rule in this state that where the defendant or the defendant’s witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the state, or by the physical facts or by the facts of common knowledge.
¶ 42. In a recent decision, this Court…
2Cases cited8 opinions
- Heidel v. StateMississippi Supreme Court · 1991
- Weathersby v. StateMississippi Supreme Court · 1933
- Green v. StateMississippi Supreme Court · 1994
- Jackson v. StateMississippi Supreme Court · 1989
- Blanks v. StateMississippi Supreme Court · 1989
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