Darby v. State
Mississippi Supreme Court
Appeal from circuit court of Tate county. Hon. E. D. Dinkins, Judge. P. W. Darby was convicted of murder, and lie appeals. Keversed, and a new trial granted. We do not think it can be successfully contended that it is not a close question on the facts as shown in this record.
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Appeal from circuit court of Tate county. Hon. E. D. Dinkins, Judge. P. W. Darby was convicted of murder, and lie appeals. Keversed, and a new trial granted. We do not think it can be successfully contended that it is not a close question on the facts as shown in this record. Then there was fatal error in the argument of both the county attorney and the district attorney, in arguing to the jury testimony admitted only and admissible only to contradict the witness Ed Darby as direct evidence against appellant. In arguing to the jury whether the appellant was guilty of murder or manslaughter,…
1Opinion of the CourtHolden, J.
This is an appeal by P. W. Darby, who was convicted of the murder of D. O. Wade in Tate county.
On the morning of the killing the deceased, Wade, went to the home of the appellant, and there had a controversy with him regarding a debt, the deceased using some rough language toward appellant and threatening him with violence, whereupon the appellant left the presence of the deceased. Subsequently on the same day the appellant went to Savage, a village about ten miles away, and when he got there, the deceased, Wade, who was already there, again approached him with reference to the matter…
2Cases cited1 opinion
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