Legal Opinion
Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State Penitentiary
Court of Appeals for the Fifth Circuit
Decided November 5, 1968No. 24792_1PublishedCited by 5 opinions
1Opinion of the Court
COLEMAN, Circuit Judge:
Under Mississippi law, every person convicted of murder shall suffer death in the gas chamber at the State Prison unless the jury rendering the verdict shall fix punishment at imprisonment in the penitentiary for life or unless the jury disagrees as to the punishment, in which case the court shall fix punishment at imprisonment for life, §§ 2217, 2550, Mississippi Code 1942. In practice, many defendants are permitted, in the discretion of the prosecution and the trial judge, to plead guilty and receive a life sentence without the intervention of a jury. If the trial…
2Cases cited8 opinions
- United States v. JacksonSupreme Court of the United States · 1968
- Gerald Henry Irving, Jr. v. C. E. Breazeale, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968
- Shimniok v. StateMississippi Supreme Court · 1944
- Dickerson v. StateMississippi Supreme Court · 1947
- Yates v. StateMississippi Supreme Court · 1965
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3Cited by5 opinions
- Williams v. StateMississippi Supreme Court · 1983
- Robert Lee Sims v. Frank A. Eyman, Superintendent of Arizona State PenitentiaryCourt of Appeals for the Ninth Circuit · 1969
- Rouse v. StateMississippi Supreme Court · 1969
- Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State Penitentiary, No.24792Court of Appeals for the Fifth Circuit · 1972
- Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968