Legal Opinion

Winston v. State

Mississippi Supreme Court

Decided October 15, 1921No. 21690PublishedCited by 11 opinions

Appeal from circuit court of Yazoo county. Hon. W. H. Potter, Judge. Beverly Winston was indicted for murder and convicted of manslaughter and sentenced to a term in the penitentiary, and he appeals.

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Appeal from circuit court of Yazoo county. Hon. W. H. Potter, Judge. Beverly Winston was indicted for murder and convicted of manslaughter and sentenced to a term in the penitentiary, and he appeals. Omitting the formal part thereof, the indictment reads as follows: “That Beverly Winston iu said county, on the 10th day of November A. D. 1919, did then and there wil-fully, feloniously, and of his malice aforethought lull and murder Tom Diamond a human being etc.,” See 2 Words and Phrases (2 Ed.), 577. You will note that the crime is not charged as being unlawfully done, therefore, the…

1Opinion of the CourtEthridge, J.

The appellant Avas indicted for murder and upon trial was convicted of manslaughter and sentenced to a term in the penitentiary, from which judgment he appeals.

It appears that the killing occurred in 1915, and that the appellant left the community and was not arrested until 1919, and the case was continued until April, 1920, and again to October of said year.

It appears that the killing occurred at a crap game at Avhicli a large concourse of negroes were assembled. The deceased, Tom Diamond, seemed to have been in charge of *484running tbe game, and the appellant was participating in the game,…

2Cases cited1 opinion

  1. Thomas v. StateMississippi Supreme Court · 1918

3Cited by11 opinions

  1. Allman v. StateMississippi Supreme Court · 1990
  2. Odom v. StateMississippi Supreme Court · 1935
  3. Hamburg v. StateMississippi Supreme Court · 1948
  4. State v. MayMississippi Supreme Court · 1927
  5. Williamson v. StateMississippi Supreme Court · 1933

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