Tolbert v. State
Mississippi Supreme Court
From the circuit court of Noxubee county, on a change of venue from Kemper county. Hon. S. H. Terral, Judge. In addition to the facts mentioned in the opinion, it is deemed material to state that the defendants, Tom and Walter Tolbert, testified that, at the time of the killing of Cole, they were going from their father’s house to the blacksmith-shop, where their brother, sixteen years of age, had been killed, and, as they thought, murdered, by Donald the day before, and…
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From the circuit court of Noxubee county, on a change of venue from Kemper county. Hon. S. H. Terral, Judge. In addition to the facts mentioned in the opinion, it is deemed material to state that the defendants, Tom and Walter Tolbert, testified that, at the time of the killing of Cole, they were going from their father’s house to the blacksmith-shop, where their brother, sixteen years of age, had been killed, and, as they thought, murdered, by Donald the day before, and that their object was to confer with the Indian, the proprietor of the shop, to ascertain what his testimony as to the…
1Opinion of the CourtCampbell, C. J.
There were some immaterial errors committed by the-court in its rulings on the admission of testimony, but they could not prejudice the cause of the defendants, and hence are not cause for reversal. The decisive question is as to-the occurrences in connection with the killing of Cole, for which the defendants are on trial. The indisputable facts-are that Tom Tolbert had been sentenced to the penitentiary for life, and, after being put in, had escaped and returned to his father’s house in Kemper county, and was in the habit of going where he chose and meeting people of his acquaintance, and…
2Cited by9 opinions
- State v. Horner.Supreme Court of North Carolina · 1905
- Pickett v. StateMississippi Supreme Court · 1925
- Kennedy v. StateMississippi Supreme Court · 1925
- Chatom v. StateCourt of Criminal Appeals of Alabama · 1976
- Serio v. City of BrookhavenMississippi Supreme Court · 1950
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