Huston v. State
Mississippi Supreme Court
Appeal from the circuit court of Marshall county. t ' HoN. H. K. MahoN, Judge. Floyd Huston was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. •Appellant is guilty of murder or nothing.
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Appeal from the circuit court of Marshall county. t ' HoN. H. K. MahoN, Judge. Floyd Huston was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. •Appellant is guilty of murder or nothing. If the state’s evidence was sufficient to develop any theory at all it was to the effect that Floyd Huston, the appellant, without any provocation whatever sought Harris, interrogated him about his hat, accused him of being responsible for the loss of some money, rubbed his pistol under Harris’ nose, shoved him back and shot him at a time when Harris was doing…
1Opinion of the CourtCook, J.
The evidence for the state shows that the defendant was guilty of murder. The evidence for the defendant shows that the defendant was guiltless of any crime— that he did not kill deceased at all, and did not aid, abet,, or encourage the homicide. The defendant should have been convicted of murder, if the jury believed the state’s evidence; but, if they entertained a reasonable doubt of the truthfulness of the state’s theory, the verdict should have been not guilty.
Upon this state of the record, and at the request of the state, the court instructed the jury as follows: “The court charges the…
2Cases cited5 opinions
- State v. UnderwoodWashington Supreme Court · 1904
- Rolls v. StateMississippi Supreme Court · 1876
- State v. Hagan.Supreme Court of North Carolina · 1902
- Parker v. StateMississippi Supreme Court · 1912
- Moore v. StateMississippi Supreme Court · 1905
3Cited by19 opinions
- Jackson v. StateMississippi Supreme Court · 1989
- Calicoat v. StateMississippi Supreme Court · 1922
- Harris v. StateMississippi Supreme Court · 1982
- Rester v. StateMississippi Supreme Court · 1916
- Cole v. StateMississippi Supreme Court · 1981
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