Gee v. State
Mississippi Supreme Court
From the circuit court of. Bolivar county. Hon. Frank A. Larkin, Judge. Jesse Gee, appellant, was indicted- for the murder of one Taylor Nicholson, in October, 1901. He was tried, convicted, and sentenced to death, from which conviction and sentence he appealed to the supreme court. On the trial the state’s evidence showed that appellant had been intimate-with a woman, Lucy.McKeever, before his marriage to another woman.
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From the circuit court of. Bolivar county. Hon. Frank A. Larkin, Judge. Jesse Gee, appellant, was indicted- for the murder of one Taylor Nicholson, in October, 1901. He was tried, convicted, and sentenced to death, from which conviction and sentence he appealed to the supreme court. On the trial the state’s evidence showed that appellant had been intimate-with a woman, Lucy.McKeever, before his marriage to another woman. After appellant married, Nicholson, the deceased, took up with Lucy, and was visiting her. On the night of the killing Gee was at Lucy’s house, and a short time after he left…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
We are not satisfied with the second instruction for the state, as applied to the facts of this case.. It is too broad. The main inquiry was as to the identity of the slayer, and the proof of identity is extremely meager.. . Identification by recognition of voice is enough, if it be perfectly clear, and what is said amounts to confession. The testimony is very scant on these points in this case. In this close case we think the jury may have been misled by this charge. It does not, like the charge in Bishop’s case, 62 Miss., 289, say that,…
2Cases cited2 opinions
- Hawthorne v. StateMississippi Supreme Court · 1881
- Bishop v. StateMississippi Supreme Court · 1884
3Cited by4 opinions
- Shields v. StateMississippi Supreme Court · 1962
- Funches v. StateMississippi Supreme Court · 1963
- Gladney v. StateMississippi Supreme Court · 1963
- Hendrieth v. StateMississippi Supreme Court · 1970