Jones v. State
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Hon. James T. Fant, Judge. Appellants, Harrison and Grant Jones, were jointly indicted for the murder of John Phelps, and, being tried therefor, were convicted of manslaughter. They made a motion for a new trial, which was overruled. Hence this appeal.
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From the circuit court of the second district of Panola county. Hon. James T. Fant, Judge. Appellants, Harrison and Grant Jones, were jointly indicted for the murder of John Phelps, and, being tried therefor, were convicted of manslaughter. They made a motion for a new trial, which was overruled. Hence this appeal. There was evidence to show that the shooting between Harrison Jones and deceased began in a room, suddenly and unexpectedly, when Grant Jones was not present, and probably did not know what was going on ; but that he went into the room and continued, the shooting already commenced…
1Opinion of the CourtWoods, J.
The action of the trial court in refusing to instruct the jury for the appellants as prayed in their charge marked No. 10, and in giving it in its modified form in No. 9, was. not error. If the charge as to the dying declaration was to be given at all, the learned judge properly qualified its mere legal abstractions by telling the jury that they were to look at all the circumstances under which- the dying declaration was made, and give it such credit as the jury might think it fairly entitled to in the light of all the evidence in the case. This -is the'general rule for examining and weighing…
2Cited by3 opinions
- Conway v. StateMississippi Supreme Court · 1936
- English v. StateMississippi Supreme Court · 1949
- Sullivan v. StateMississippi Supreme Court · 1904