Pepper v. State

L. A. Smith, Sr., J.,

delivered a dissenting opinion..

I respectfully dissent from the controlling opinion in this case, affirming the judgment of the trial court.

Sam iP'epper was convicted-in the Circuit ■. Court of Leflore County of assault and battery with intent .to kill and murder Tommy Lee Crosby, and sentenced to. a term of five years iu the State penitentiary. From this judgment, he appeals here and assigns as the only error committed Iby the trial court the following: “The court erred in refusing to set aside the verdict and grant a new trial, for the reason that one of the jurors,…