Poole v. State
Mississippi Supreme Court
Appeal from the circuit court of Leake county. PIon. C. L. Dobbs, Judge. Miles Poole was convicted of manslaughter and appeals. The facts are sufficiently stated in the opinion of the court.
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Appeal from the circuit court of Leake county. PIon. C. L. Dobbs, Judge. Miles Poole was convicted of manslaughter and appeals. The facts are sufficiently stated in the opinion of the court. Instruction No. 3 is as follows: “The court instructs the jury for the*state that they are the sole judges of the testimony, that they are the judges of the credibility of the witnesses and of the weight to be attached to the testimony of each and all of them and that the jury is not bound to take the testimony of any witness or witnesses as absolutely true, and they should not do so if they are satisfied…
1Opinion of the Court
Whitfield, C.
There is a very great conflict in the testimony in this case, and especially as to whether the defendant stabbed the deceased on the floor of the gallery, or after the deceased had knocked him off on the ground and was on him, beating him. Only one witness for the state testifies that the stabbing was done on the gallery. The defendant himself and another witness, Clinton Boyd, testified that the stabbing of the deceased by the defendant was done while the defendant was on his back on the ground and deceased was on top of him, beating him *172in the face. The wife of the defendant…
2Cases cited1 opinion
- Gables v. StateMississippi Supreme Court · 1911
3Cited by4 opinions
- Callas v. StateMississippi Supreme Court · 1928
- United States Fidelity & Guaranty Co. v. StaffordMississippi Supreme Court · 1971
- Jones v. StateMississippi Supreme Court · 1929
- Thompson v. StateMississippi Supreme Court · 1930