Spivey v. State

The appellant, Leo Spivey, was indicted at the April 1950 term of the Circuit Court of Leake County, on a charge of murder in the killing of Lester Lewis. On the first trial of the case the jury was unable to agree on a verdict. The case was tried again at the April 1951 term of the court and the appellant was convicted of manslaughter and was sentenced to serve a term of ten years in the state penitentiary. From that judgment he prosecutes this appeal.

The killing occurred on the evening of January 1, 1950, in a public road near a church in the Gallilee community. The appellant was the only…