Legal Opinion

McLaurin v. State

Mississippi Supreme Court

Decided March 15, 1922No. 22527PublishedCited by 7 opinions

Appeal from circuit court, Smith county. Hon. W. H. Hughes, Judge. Shelby McLaurin was convicted of rape, and he appeals. With reference to the first assignment of. error we desire to say that the three instructions Nos. 6, 7 and 8, which were asked for by the defendant and which were refused by the court, are of the same general tenor and purport.

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Appeal from circuit court, Smith county. Hon. W. H. Hughes, Judge. Shelby McLaurin was convicted of rape, and he appeals. With reference to the first assignment of. error we desire to say that the three instructions Nos. 6, 7 and 8, which were asked for by the defendant and which were refused by the court, are of the same general tenor and purport. We appreciate the fact that section 1094 of Hem-' ingwav’s Code deals with rape where the age of consent enters into it; in the latter part of this section the following words are found: “No person shall be convicted upon the uncorroborated…

1Opinion of the CourtSmith, C. J.

The appellant was convicted of rape and sentenced to be hung. The only two witnesses who testified were the injured female and a physician whose testimony is unimportant. The grounds on which the appellant seeks to reverse the judgment are: First, that the testimony of the injured female is not corroborated; and, second, that it is otherwise insufficient to support the verdict.

The appellant was indicted and convicted of forcibly ravishing the prosecutrix under the provisions of chapter 171, Laws of 1908 (Hemingway’s Code, section 1092), and his counsel admits, as of course he must, that under…

2Cited by7 opinions

  1. Wright v. StateMississippi Supreme Court · 2007
  2. Griffith v. StateSupreme Court of Georgia · 1933
  3. Sanders v. StateMississippi Supreme Court · 1928
  4. Lee v. StateMississippi Supreme Court · 1961
  5. Buchanan v. StateMississippi Supreme Court · 1955

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