Barnes v. State
Mississippi Supreme Court
Appeal from the circuit court of George county. Hon. J. H. Neville, Judge. Dan Barnes was convicted of murder and appeals. The facts are fully stated in the opinion of the court. The fifth instruction granted by the state, we submit, was very prejudical to the: defendant and is simply vicious. This instruction also embodies an abstract proposition of law, and is condemned in the Riley case, the Cumberland case, and the Gordon case, supra. But that is not all.
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Appeal from the circuit court of George county. Hon. J. H. Neville, Judge. Dan Barnes was convicted of murder and appeals. The facts are fully stated in the opinion of the court. The fifth instruction granted by the state, we submit, was very prejudical to the: defendant and is simply vicious. This instruction also embodies an abstract proposition of law, and is condemned in the Riley case, the Cumberland case, and the Gordon case, supra. But that is not all. The fifth instruction for the state also amounts to a peremptory instruction to find the defendant guilty. We ask' the court to analyze…
1Opinion of the CourtStevens, J.
Appellant was indicted for the murder of J. J. Parker, was convicted, and, the jury failing to agree as to punishment, was sentenced to the pentitentiary for life. There were no eyewitnesses to the unfortunate difficulty, and the only testimony as to the details, or as to who was the aggressor, must be found in the statements and the testimony of the parties themselves. The only testimony for the state as to the alleged unlawful assault by the accused is the dying declarations of the deceased. The state was compelled to rely upon these dying declarations to maintain its case.
Both parties are…
2Cases cited1 opinion
- Murphy v. StateMississippi Supreme Court · 1906
3Cited by2 opinions
- Hydrick v. StateMississippi Supreme Court · 1963
- Ervin v. StateMississippi Supreme Court · 1920