Cooper v. State
Mississippi Supreme Court
From the circuit court of, first district, Ooaboma county. Hon. Frank E. Larkin, Judge. Cooper, appellant, was indicted and tried for murder, convicted of manslaughter, and appealed to the supreme court. The opinion sufficiently states the case. ■ There was no evidence of a premeditated design on the part of the accused to kill the deceased upon which the third instruction granted the state could be based, and the instruction was misleading and erroneous.
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From the circuit court of, first district, Ooaboma county. Hon. Frank E. Larkin, Judge. Cooper, appellant, was indicted and tried for murder, convicted of manslaughter, and appealed to the supreme court. The opinion sufficiently states the case. ■ There was no evidence of a premeditated design on the part of the accused to kill the deceased upon which the third instruction granted the state could be based, and the instruction was misleading and erroneous. It is no answer to the appellant’s complaint of error in this instruction to say that he was convicted of manslaughter and not of murder,…
1Opinion of the CourtTerral, J.
Turner Cooper was tried in the circuit court of the first district of Coahoma county for the murder of Nich Tucker, was convicted of manslaughter, and sentenced -to the penitentiary for ten years, from which judgment he appeals. According to the testimony of several witnesses the parties met in a storehouse, when Cooper fired his pistol at Tucker and inflicted a ' wound upon him, of which he soon died, at a time when Tucker was making no demonstrations against him, and had no weapon with which to do him hurt; according to other witnesses Cooper shot and killed Tucker by reason of an assault…
2Cases cited1 opinion
- Oliver v. StateMississippi Supreme Court · 1872
3Cited by4 opinions
- Vance v. StateMississippi Supreme Court · 1938
- Garner v. StateMississippi Supreme Court · 1908
- Adams v. StateMississippi Supreme Court · 1924
- Herring v. StateMississippi Supreme Court · 1905