Legal Opinion

Walker v. State

Mississippi Supreme Court

Decided October 15, 1920No. 21445PublishedCited by 5 opinions

Apeal from circuit court of Tallahatchie county. Hon. W. E. Stone, Special Judge. Woodson Walker was, convicted of manslaughter, and sentenced to a term in the penitentiary, and he appeals. In the instant case all the appellant could have been convicted of was manslaughter if the evidence in the case would have supported a verdict of manslaughter, since he had once been tried for and acquitted of the crime of murder and upon this trial found guilty of manslaughter.

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Apeal from circuit court of Tallahatchie county. Hon. W. E. Stone, Special Judge. Woodson Walker was, convicted of manslaughter, and sentenced to a term in the penitentiary, and he appeals. In the instant case all the appellant could have been convicted of was manslaughter if the evidence in the case would have supported a verdict of manslaughter, since he had once been tried for and acquitted of the crime of murder and upon this trial found guilty of manslaughter. This is a constitutional guaranty, which has long been settled by this court. Power v. State, 36 So. 6. The sole question at…

1Opinion of the CourtSykes, J.

Woodson Walker Avas indicted for murder and convicted of manslaughter in the circuit court of Tallahatchie county, and sentenced to serve a term in the penitentiary, from Avhicli judgment this appeal is prosecuted.

The testimony relating to the killing is conflicting. The " state’s witnesses testified: That appellant about noon came . to the house in Avhich lived the deceased, Dobbs Spates, and three others, That he Avas on friendly terms Avith all of these people. That the appellant stated he had had a difficulty with another negro that morning, and wanted to borroAv a pistol from Mose…

2Cases cited2 opinions

  1. Rester v. StateMississippi Supreme Court · 1916
  2. Virgil v. StateMississippi Supreme Court · 1885

3Cited by5 opinions

  1. People v. CarricoIllinois Supreme Court · 1923
  2. Jones v. StateMississippi Supreme Court · 1926
  3. Blalock v. StateMississippi Supreme Court · 1927
  4. Woodward v. StateMississippi Supreme Court · 1922
  5. Jones v. StateMississippi Supreme Court · 1926

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