Legal Opinion

Collins v. State

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 10 opinions

Appeal from the circuit court of Sharkey county. • Hon- H- C- Mounger, Judge. Judge Collins was convicted of murder and appeals. The facts are sufficiently stated in the opinion of the court.

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Appeal from the circuit court of Sharkey county. • Hon- H- C- Mounger, Judge. Judge Collins was convicted of murder and appeals. The facts are sufficiently stated in the opinion of the court. The assistant prosecuting attorney, in his opening argument against the appellant used this language to which proper exceptions was made: “This bad nigger killed a good nigger; the dead nigger was a white man’s nigger, and these bad niggers like to kill these kind; the only way you can break up this pistol toting among these niggers is to 'have a neck-tie party,” In making the closing argument for the…

1Opinion of the CourtMcLean, J.

The appellant was convicted of murder, and the death penalty imposed. He is not at all satisfied with the result in the court below, and hence his appeal.

The case on the facts is an extremely close one; but, as the case must be tried anew, we abstain from any discussion of the facts, except to say that the difficulty was a sudden one, and that probably Rube Boyd, the appel*440lant’s antagonist, would not have been killed, had he, Boyd, not picked up, or attempted to pick up, immediately before the killing, what the state’s witness denominates as “a big peach tree stick.”

However, we reverse the…

2Cases cited4 opinions

  1. Martin v. StateMississippi Supreme Court · 1886
  2. Perkins v. GuyMississippi Supreme Court · 1877
  3. Hampton v. StateMississippi Supreme Court · 1906
  4. Cavanah v. StateMississippi Supreme Court · 1879

3Cited by10 opinions

  1. Moulton v. StateSupreme Court of Alabama · 1917
  2. Hamilton v. StateCourt of Criminal Appeals of Oklahoma · 1927
  3. Harris v. StateMississippi Supreme Court · 1950
  4. Brown v. StateMississippi Supreme Court · 1935
  5. Herring v. StateMississippi Supreme Court · 1988

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