Gambrell v. State
Mississippi Supreme Court
From the circuit court of Smith county. Hon. Robert L. Bullard, Judge. Gambrell, appellant, was indicted and tried for the murder of Robert Grayson, was convicted and sentenced to tbe penitentiary for life and appealed to the supreme court. The deceased was shot from ambush, there being no eyewitnesses.
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From the circuit court of Smith county. Hon. Robert L. Bullard, Judge. Gambrell, appellant, was indicted and tried for the murder of Robert Grayson, was convicted and sentenced to tbe penitentiary for life and appealed to the supreme court. The deceased was shot from ambush, there being no eyewitnesses. Deceased, however, made a dying declaration shortly before his death stating that he recognized the appellant as the assassin, and this evidence is chiefly relied on by the state for conviction. Among other errors assigned is the action of the court in refusing to admit testimony to show that…
1Opinion of the CourtMates, J.
Among the many assignments of error made in this case we deem it necessary to notice only the one discussed in the opinion. The evidence upon which appellant was convicted was mainly circumstantial. The only positive proof as to who did the killing is shown by the dying declaration of deceased. Under these circumstances, and by way of impeachment of this dying declaration, which is the most damaging and conclusive testimony, as to *734who did the killing, the defense offered a witness to show that the ■deceased was an infidel, and offered to prove that the deceased boasted of the fact that he did…
2Cited by23 opinions
- Hansen v. StateMississippi Supreme Court · 1991
- Williams v. StateMississippi Supreme Court · 1984
- Fisher v. StateMississippi Supreme Court · 1985
- Holland v. StateMississippi Supreme Court · 1991
- MacKbee v. StateMississippi Supreme Court · 1990
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