Legal Opinion

Thompson v. State

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 8 opinions

From the circuit court of Monroe county. ITon. Eugene O. Sykes, Judge. Thompson, the appellant, was indicted for the murder of one James McGraw; he was tried and convicted of manslaughter and appealed to the supreme court. On the 17th day of June, 1903, appellant was going south in the public road, not far from his home, and met deceased, McGraw, and his wife in a buggy, going north.

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From the circuit court of Monroe county. ITon. Eugene O. Sykes, Judge. Thompson, the appellant, was indicted for the murder of one James McGraw; he was tried and convicted of manslaughter and appealed to the supreme court. On the 17th day of June, 1903, appellant was going south in the public road, not far from his home, and met deceased, McGraw, and his wife in a buggy, going north. The difficulty which resulted in the killing of McGraw occurred immediately upon the meeting of the parties. The only eyewitnesses were Thompson himself and the wife of McGraw, who was in the buggy with him at…

1Opinion of the Court

Whitfield C. I.,

delivered the opinion of the court.

The court ought not to have permitted the details of the previous difficulty to be shown in evidence, nor the falling out between the accused and his wife and her family, nor the reason of that falling out, nor the conduct of Mrs. McGraw in making two or three trips to Thompson’s home to bring-her daughter away. All this testimony should have been excluded as foreign to the issue which the jury'was trying. It is true that in the *762cross-examination of Mrs. MeGraw some of this testimony was drawn ont by the counsel for defendant, particularly…

2Cited by8 opinions

  1. Shinall v. StateMississippi Supreme Court · 1967
  2. Herron v. StateMississippi Supreme Court · 1974
  3. Myrick v. StateMississippi Supreme Court · 1974
  4. Shannon v. StateMississippi Supreme Court · 1975
  5. Carter v. StateMississippi Supreme Court · 1933

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