Legal Opinion · Concurrence

Herring v. State

Mississippi Supreme Court

Decided March 15, 1920No. 20914Published

Appeal from circuit court of Jefferson Davis county. Hon. W]. A. Si-iipman Special Judge. Marshall Herring was convicted of murder, and he appeals.

1ConcurrenceEthridge, J.

(specially concurring).

I concur in the conclusion that the cause should be reversed and remanded, and I am in agreement with the court upon the proposition that the case should be reversed because of the introduction in evidence of specific acts and difficulties elicited by the state from the defendant’s witnesses testifying to his good character as to peace and violence, and especially the testimony that developed the difficulty between the defendant and a white man which was manifestly so prejudicial to the defendant that it could not be cured by an instruction by the court to disregard the…

2Cases cited2 opinions

  1. Caleb v. StateMississippi Supreme Court · 1872
  2. John v. StateCourt of Appeals of Mississippi · 1852

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