Legal Opinion

Taylor v. State

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 7 opinions

■Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Charlotte Taylor was convicted of infanticide and appeals. Appellant was indicted for the murder of the newborn infant of he'r daughter, Minnie Taylor; and from a conviction and a sentence to the penitentiary for life she appeals. The principal witnesses for the state were two physicians, Drs. Howell and Rhyne.

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■Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Charlotte Taylor was convicted of infanticide and appeals. Appellant was indicted for the murder of the newborn infant of he'r daughter, Minnie Taylor; and from a conviction and a sentence to the penitentiary for life she appeals. The principal witnesses for the state were two physicians, Drs. Howell and Rhyne. Dr. Howell testified that he was called to attend Min-, nie Taylor, the daughter of the defendant, about seven-thirty o ’clock in the evening; and upon entering the house he heard a noise,' which he thought was…

1Opinion of the CourtSmith, C. J.

The evidence in this cause is wholly insufficient to support the. verdict. At most, <the testimony of the physicians who testified on behalf of the state discloses that *25the child was probably horn alive, and that in their opinion, if horn alive, it died from suffocation brought about in some unknown way. The examination of the body of the child by these physicians failed to disclose any evidence of violence to its person, and'their opinion that it died from suffocation seems to be based upon the fact that their examination also failed to .disclose any reason why the child should have died…

2Cited by7 opinions

  1. People v. EhlertIllinois Supreme Court · 2004
  2. State v. ShephardSupreme Court of Iowa · 1963
  3. State v. D. OSMUSWyoming Supreme Court · 1954
  4. Hogan v. StateMississippi Supreme Court · 1921
  5. Singleton v. StateAlabama Court of Appeals · 1948

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