Myers v. State
Mississippi Supreme Court
Appeal from the'circuit court of Forest county. Hon. Paul B. Johnson, Judge. Ed Myers was convicted of manslaughter and appeals. The facts are stated in the opinion of the court. The judge, by express statutory enactment, is forbidden to ‘ ‘ sum up or comment on the testimony, or charge the jury as to the weight of the testimony.”
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Appeal from the'circuit court of Forest county. Hon. Paul B. Johnson, Judge. Ed Myers was convicted of manslaughter and appeals. The facts are stated in the opinion of the court. The judge, by express statutory enactment, is forbidden to ‘ ‘ sum up or comment on the testimony, or charge the jury as to the weight of the testimony.” It is certainly contrary to our law and flagrantly violative of the fundamental principles of jhstice, for a judge to inject his opinion of the guilt of the defendant, says this court, in Fuller v. State, 85 Miss. 199. T]ae judge presiding at a jury trial, in his…
1Opinion of the CourtSmith, J.
Appellant was indicted for arid convicted of the crime of manslaughter. The evidence as to his guilt was conflicting. The homicide occurred on one of the trains of the Gulf •& Ship Island Railroad Company, while, according to the evidence of appellant, he and another were attempting to prevent the deceased from disturbing the peace of' the other passengers on the train.
While the state was introducing its evidence in chief, one of the witnesses on cross-examination was asked by counsel for appellant the following question: “Do you *266know whether oi\not lie (meaning appellant) was a person who…
2Cited by11 opinions
- West v. StateMississippi Supreme Court · 1988
- Doss v. StateMississippi Supreme Court · 1997
- Watts v. StateMississippi Supreme Court · 1999
- Wirtz v. SwitzerMississippi Supreme Court · 1991
- Mazer v. CommonwealthSupreme Court of Virginia · 1925
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