Cryer v. State
Mississippi Supreme Court
From tlie circuit court of Pike county. Hon. W. T. Cassedy, Judge. Syme Cryer aud Epbraim Cryer were jointly indicted for tbe murder of Phil Robinson. A severance was granted, and Syme Cryer was tried, found guilty and sentenced to life imprisonment in the penitentiary, and from this judgment appeals.
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From tlie circuit court of Pike county. Hon. W. T. Cassedy, Judge. Syme Cryer aud Epbraim Cryer were jointly indicted for tbe murder of Phil Robinson. A severance was granted, and Syme Cryer was tried, found guilty and sentenced to life imprisonment in the penitentiary, and from this judgment appeals. It appears from the evidence that, during a social gathering at the house of oue Young, a difficulty arose between Young and Ephraim and Syme Cryer and others, and Young was severely cut. The deputy sheriff, who was at the county seat about two miles distant, was sent for to arrest the two…
1Opinion of the CourtCooper, J.
There is no suggestion in the evidence that Robinson was killed by Ephraim Cryer. Indeed, it is shown by all the testimony that he was not. So much of the first instruction for the state as relates to the responsibility of appellant for the act of Ephraim could only confuse the jury, and should not have been given. It had no relevancy to the issue.
The second instruction for the state is fatally erroneous. By law “ an officer or private person may arrest any person, without warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence, or when a…
2Cited by8 opinions
- Yates v. StateSupreme Court of Georgia · 1907
- Williams v. StateMississippi Supreme Court · 1920
- Kennedy v. StateMississippi Supreme Court · 1925
- Fletcher v. StateMississippi Supreme Court · 1922
- Jones v. StateMississippi Supreme Court · 1934
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