Legal Opinion · Concurrence

Hale v. State

Mississippi Supreme Court

Decided December 15, 1994No. 91-KA-00570Published

1ConcurrenceBanks, Justice

I reluctantly concur with the majority, for I, too, would easily have found Hale guilty. It is a job for the jury in the first instance, however, not this Court. We have come up with two rules in perjury eases. One that the two-witness requirement is one that must be conveyed to the jury by instruction in all cases. Nash v. State, 244 Miss. 857, 147 So.2d 499 (1962). The other rule, less frequently stated, is that we can ignore this requirement if we believe that the jury reached the right verdict. Gordon v. State, 158 Miss. 185, 128 So. 769 (1930). The Gordon rule requires this Court to…

2Cases cited2 opinions

  1. Gordon v. StateMississippi Supreme Court · 1930
  2. Nash v. StateMississippi Supreme Court · 1962

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API