Legal Opinion

Johnson v. State

Mississippi Supreme Court

Decided October 15, 1913PublishedCited by 15 opinions

Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Ada Johnson was convicted of murder and appeals. The facts are fully stated in the opinion of the court. First, we submit that the verdict of the jury in this case is an illegal verdict, or rather is no verdict at all. It shows, by a simple reading thereof, that the jury left something not finished and uncompleted.

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Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Ada Johnson was convicted of murder and appeals. The facts are fully stated in the opinion of the court. First, we submit that the verdict of the jury in this case is an illegal verdict, or rather is no verdict at all. It shows, by a simple reading thereof, that the jury left something not finished and uncompleted. We are aware of the rule that certain parts of a verdict will be treated as surplusage but that is where the verdict of the jury is complete without the additional part sought to be stricken out. Here the…

1Opinion of the CourtNeed, J.

Ada Johnson was convicted on a charge of murder and sentenced to the penitentiary for life. There is sufficient evidence to support the jury’s verdict.

Appellant contends that there were a number of errors committed during the hearing of her' case, but we do not find any reversible error in the proceedings. We will, however, notice several of the assignments presented by appellant and argued by her counsel in their brief.

It is claimed that the verdict of the jury is illegal. The verdict reads as follows: “We, the jury, find the defendant guilty as charged, and certify that we are unable to…

2Cited by15 opinions

  1. Williams v. StateMississippi Supreme Court · 1991
  2. Koch v. StateMississippi Supreme Court · 1987
  3. Hambrick v. StateSupreme Court of Florida · 1920
  4. Middleton v. EversMississippi Supreme Court · 1987
  5. Tatum v. StateMississippi Supreme Court · 1926

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