Gentry v. State
Mississippi Supreme Court
From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. Gentry, appellant, was indicted and tried for an assault with a deadly weapon with intent to murder one Dale, was convicted and sentenced to the penitentiary for three years, and appealed to the supreme court. The facts are sufficiently stated in the opinion. The evidence for the state shows that the appellant recklessly shot into a wagon having in it eleven persons who were passing appellant’s home.
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From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. Gentry, appellant, was indicted and tried for an assault with a deadly weapon with intent to murder one Dale, was convicted and sentenced to the penitentiary for three years, and appealed to the supreme court. The facts are sufficiently stated in the opinion. The evidence for the state shows that the appellant recklessly shot into a wagon having in it eleven persons who were passing appellant’s home. No motive for the shooting was shown. The occupants of the wagon were acquainted with appellant, and no ill-feelings had…
1Opinion of the CourtMayes, J.
The appellant was charged with an assault on N. H. Dale Avith a shotgun, Avith intent to hill and murder the said Dale. The court gave the folloAving instruction for the state: Instruction No. 2: “The court charges the jury further, for the state, that if from the evidence they believe beyond a reasonable doubt that the defendant shot at Dale at the time and place mentioned in the indictment, in such a manner as Avould evince a depraved heart, regardless of human life, then the jury should return a verdict: ¥e, the jury, find the defendant guilty of an assault with intent to kill and murder’—…
2Cited by9 opinions
- Windham v. StateMississippi Supreme Court · 1992
- White v. StateMississippi Supreme Court · 1934
- Roberson v. StateMississippi Supreme Court · 1972
- Ross v. StateMississippi Supreme Court · 1930
- Talbert v. StateMississippi Supreme Court · 1935
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