Tabor v. State
Mississippi Supreme Court
Appeal from the circuit court of Lafayette county. Hon. W. A. Eoane, Judge. H. E. Tabor was convicted of manslaughter and appeals. The facts are as follows: The state’s theory, on the trial, was that accused lay in waite on the roadside for deceased and killed him. He testified that deceased came along on. his horse and attempted to draw a pistol on him, when accused fired.
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Appeal from the circuit court of Lafayette county. Hon. W. A. Eoane, Judge. H. E. Tabor was convicted of manslaughter and appeals. The facts are as follows: The state’s theory, on the trial, was that accused lay in waite on the roadside for deceased and killed him. He testified that deceased came along on. his horse and attempted to draw a pistol on him, when accused fired. A pistol was found on the body of deceased,' with one cartridge discharged and five loaded chambers, a cartridge in one of which looked as if it had been snapped. On the trial, the wife of the deceased took the stand as a…
1Opinion of the Court
Whitfield, C.
The chief grounds relied on by the appellant are the giving of-instruction No. 7 for the state, and the admission by the court, over the objection of the defendant, of the testimony of Mrs. Callicoate, detailing the conversation with her husband set out in the record.
As to the seventh instruction given for the state, we think there are two answers to the contention of the appellant: • First. The appellant was only convicted of manslaughter, and instruction No. 7, complained of, was a murder instruction. Second. The evidence of the defendant himself pretty clearly shows that it…
Also in this document: Per curiam.
2Cited by2 opinions
- Gregory v. StateMississippi Supreme Court · 1928
- Trask v. StateMississippi Supreme Court · 1953