Moore v. State
Mississippi Supreme Court
Fkom; tbe circuit court of Lauderdale county. IÍON. Robert F. Co.ohraw, Judge. Daniel Moore, tbe appellant, was indicted and tried for the murder of one Ellis Poole; be was convicted of manslaughter, sentenced to tbe penitentiary for twenty-five years, and appealed to tbe supreme court. A statement of tbe facts other than tbe one found in tbe opinion of tbe court is unnecessary to an understanding of tbe decision.
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Fkom; tbe circuit court of Lauderdale county. IÍON. Robert F. Co.ohraw, Judge. Daniel Moore, tbe appellant, was indicted and tried for the murder of one Ellis Poole; be was convicted of manslaughter, sentenced to tbe penitentiary for twenty-five years, and appealed to tbe supreme court. A statement of tbe facts other than tbe one found in tbe opinion of tbe court is unnecessary to an understanding of tbe decision. TJpon what evidence was tbe jury justified in rendering a verdict of manslaughter? There is not an element of manslaughter in tbe case. Tbe state’s testimony, if believed,' made out…
1Opinion of the CourtCox, J.
Appellant was tried on an indictment for murder, and convicted of manslaughter. Numerous errors are assigned. Some of these it is not necessary now to consider, because, in the light of the verdict, the action of the court complained of, even if erroneous, did not prejudice appellant. If the court erred in admitting testimony relative to the altercation in the barber shop and to the threat at the drug store, this evidently did not affect the result. The only effect of this evidence would be to show malice in the killing. The verdict of the jury involves a finding that there was no malice and…
2Cited by3 opinions
- Mallett v. StateMississippi Supreme Court · 1992
- Huston v. StateMississippi Supreme Court · 1913
- PAIRLEE ROGERS v. StateMississippi Supreme Court · 1955