Pearson v. State
Mississippi Supreme Court
Prom the circuit court of Amite county. L. H. McGei-iee, Esq., Special Judge. Pearson, appellant, was indicted and tried for rape, charged to have been committed upon his own daughter, was convicted and sentenced to the penitentiary for -life and appealed to the supreme court. Tbe facts of the case, so far ás essential to be known, are clearly inferable from the opinion of the court.
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Prom the circuit court of Amite county. L. H. McGei-iee, Esq., Special Judge. Pearson, appellant, was indicted and tried for rape, charged to have been committed upon his own daughter, was convicted and sentenced to the penitentiary for -life and appealed to the supreme court. Tbe facts of the case, so far ás essential to be known, are clearly inferable from the opinion of the court. The evidence offered on the part of the state, when purged of that which is irrelevant and incompetent, does not warrant the conviction of the defendant, under the rules established by this court in the tidal of…
1Opinion of the Court
Whitfield, C.
The instruction which was refused to the defendant should have been given. But its refusal, in view of the other charges given for the defendant, did not constitute reversible error, of itself alone.
It is argued very earnestly, by counsel for appellant, that this judgment ought to be reversed, because the testimony *845wholly fails to support the verdict. The fact is pointed out that the affidavit was not made by the prosecutrix herself, but by her mother, after the mother had left her husband’s home, and was separated from him, and that it was not made for over a year after the…
Also in this document: Per curiam.
2Cases cited1 opinion
- Garner v. StateMississippi Supreme Court · 1898
3Cited by10 opinions
- Berry v. StateAlabama Court of Appeals · 1937
- Brewer v. StateMississippi Supreme Court · 1970
- Harris v. StateMississippi Supreme Court · 1950
- Davis v. StateMississippi Supreme Court · 1930
- Wallace v. StateMississippi Supreme Court · 1966
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