Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 4 opinions

From the circuit court of, first district, Carroll county. Hon. William F. Stevens, Judge. Brown, the appellant, was indicted, tried, and convicted of the murder of one Murdee Williams and sentenced to death, from which conviction and sentence he appealed to the supreme court. The facts of the case upon which the decision turned are sufficiently apparent from the opinion of the court.

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From the circuit court of, first district, Carroll county. Hon. William F. Stevens, Judge. Brown, the appellant, was indicted, tried, and convicted of the murder of one Murdee Williams and sentenced to death, from which conviction and sentence he appealed to the supreme court. The facts of the case upon which the decision turned are sufficiently apparent from the opinion of the court. The homicide occurred in Montgomery county, but a change of venue was granted, on defendant’s application, to the first district of. Carroll county. The case was once before in the supreme court, then involving…

1Opinion of the CourtWhitfield, C. J.

Under the peculiar circumstances of this case, as disclosed in this record, it was fatal error to refuse to allow the defendant to *514show on cross-examination of Scott Thompson, introduced, by the state in rebuttal, the details of the previous difficulty. The state itself had shown on the cross-examination of the defendant himself that there had been a previous difficulty. The first questions asked by the state on this cross-examination disclose this fact. The case of Foster v. State, 70 Miss., 755 (12 South. Rep., 822), is conclusive of the proposition that, where the state itself introduces…

2Cases cited1 opinion

  1. Foster v. StateMississippi Supreme Court · 1893

3Cited by4 opinions

  1. Brown v. StateMississippi Supreme Court · 1906
  2. Lee v. StateMississippi Supreme Court · 1931
  3. Church v. StateMississippi Supreme Court · 1938
  4. Hester v. StateMississippi Supreme Court · 1926

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