Fortenberry v. State

The appellant, Leroy Fortenberry, was indicted at the regular June 1951 term of the Circuit Court of Harrison County on a charge of murder in the killing of Wilbert Lee White, who is also referred to in the record as “Boley” White, and was convicted of manslaughter and sentenced to the state penitentiary for a term of eight years. From that judgment he prosecutes this appeal.

The killing occurred shortly after midnight on the morning of May 16,1951, in a small cafe, which was being operated by Mildred Foster, a short distance north of the City of Gulfport. There were four eyewitnesses to the…