Tate v. State
Mississippi Supreme Court
Prom the circuit court of Yazoo couuty. Hon. Wiley H. Potter, Judge. Tate, appellant, was indicted and tried for the murder of one Dixon, was convicted and sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. It is apparent that this is a very delicately balanced case on. the facts, hence any errors in the trial must have militated most seriously against the rights of appellant.
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Prom the circuit court of Yazoo couuty. Hon. Wiley H. Potter, Judge. Tate, appellant, was indicted and tried for the murder of one Dixon, was convicted and sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. It is apparent that this is a very delicately balanced case on. the facts, hence any errors in the trial must have militated most seriously against the rights of appellant. Under the circium stances the court below erred in giving the first instruction for the state. This instruction is wrong for two reasons:, first, there…
1Opinion of the Court
Whitfield, O. J.,
delivered tbe opinion, of tbe court.
'Ibis case is a very close one on tbe facts, and is not, tbetreu fore, a case in wbicb we can say tbat any serious error is not ■reversible. Tbe first instruction for tbe state is in tbe following words: “Tbe court instructs tbe jury, for tbe state, tbat if you believe from tbe evidence beyond a reasonable doubt tbat Will Tate met Bunk Dixon in tbe public road,- and tbat Will Tate, with bis band in bis pocket and on bis pistol, said to Bunk Dixon, ‘Can you play tbe same game you played last night V or words to tbat effect, intending by tbe…
2Cases cited6 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. EpsteinSupreme Court of Rhode Island · 1903
- Lanergan v. . the PeopleNew York Court of Appeals · 1868
- M'kee v. . the PeopleNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Houston v. StateMississippi Supreme Court · 1988
- Patrick v. StateMississippi Supreme Court · 1973
- Hall v. StateMississippi Supreme Court · 1982
- Thigpen v. StateMississippi Supreme Court · 1954
- Grantham v. StateMississippi Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.