Wynn v. State.
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County. Hon. A. T. Roane, Judge. One Atkinson killed McPherson. Joseph Wynn was present at the killing, and loaned .Atkinson the pistol with which the homicide was committed. Atkinson and Wynn were jointly indicted for murder, but there was a severance of their cases. Wynn was put upon trial, and the evidence adduced was voluminous and somewhat contradictory.
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Appeal from the Circuit Court of Panola County. Hon. A. T. Roane, Judge. One Atkinson killed McPherson. Joseph Wynn was present at the killing, and loaned .Atkinson the pistol with which the homicide was committed. Atkinson and Wynn were jointly indicted for murder, but there was a severance of their cases. Wynn was put upon trial, and the evidence adduced was voluminous and somewhat contradictory. The evidence of some of the witnesses was to the effect that Wynn was near by when Atkinson shot McPherson, and exclaimed, “ Shoot him,” and after Atkinson had shot him, exclaimed, “ Shoot him…
1Opinion of the CourtArnold, J.
The mere presence of appellant at the homicide would not of itself render him criminal; for, as it is said by an approved author, “In order to render a person an accomplice or a principal in felony, he must be aiding and abetting at the fact, or ready to afford assistance, if necessary; and therefore if A. happeneth to be *264present at a murder, for instance, and taketh no part in it, nor endeavoreth to prevent it, nor apprehendeth the murderer, nor levyeth hue and. cry after him, this strange behavior of his, though highly criminal, will not of itself render him either principal or accessory.”…
2Cases cited3 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- McCarty v. StateMississippi Supreme Court · 1872
- McGehee v. StateMississippi Supreme Court · 1885
3Cited by25 opinions
- Lynch v. StateMississippi Supreme Court · 2004
- Hooker v. StateMississippi Supreme Court · 1998
- Swinford v. StateMississippi Supreme Court · 1995
- McCoy v. StateMississippi Supreme Court · 1907
- State v. LabellaMississippi Supreme Court · 1970
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