Ealy v. State
Mississippi Supreme Court
Appeal from circuit court of Leake county. Hon. A. J. McLaukin, Judge. Mack Ealy ivas convicted of murder, and he appeals. We submit that the evidence in this case does not warrant a conviction for a greater offense than that of manslaughter, and that the court erred in not instructing the jury as to manslaughter.
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Appeal from circuit court of Leake county. Hon. A. J. McLaukin, Judge. Mack Ealy ivas convicted of murder, and he appeals. We submit that the evidence in this case does not warrant a conviction for a greater offense than that of manslaughter, and that the court erred in not instructing the jury as to manslaughter. May v. State, 89 Miss. 291, 42 So. 164. The court erred in admitting as the dying declarations of the deceased’s alleged statements testified to by the different witnesses as having been made to them as the dying declarations of the deceased. The court also erred in overruling…
1Opinion of the CourtCook, J.
Appellant, Mack Ealy, and Anthony Sparkman were jointly indicted for the murder of John McDougal. A severance was granted, and appellant was tried, convicted, and sentenced to the penitentiary for life, and from this judgment and sentence, he prosecuted this appeal.
According to the testimony of the witnesses for the state the facts are substantially as follows: On the night of August 5, 1920, while services were in progress at Harmony Church, near Lena, Miss., John McDougal, the deceased, and Anthony Sparkman left the church together and walked some distance dowrn the road, where they were…
2Cited by6 opinions
- Newell v. StateMississippi Supreme Court · 1950
- Adams v. StateMississippi Supreme Court · 1936
- Blalock v. StateMississippi Supreme Court · 1927
- Dean v. StateMississippi Supreme Court · 1935
- Jones v. StateMississippi Supreme Court · 1928
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