Legal Opinion

Moseley v. State

Mississippi Supreme Court

Decided October 15, 1916PublishedCited by 8 opinions

Appeal from the circuit court of Jones county. HoN. Paul B. JohNSON, Judge. Anna May Moseley was convicted for selling whiskey and appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Jones county. HoN. Paul B. JohNSON, Judge. Anna May Moseley was convicted for selling whiskey and appeals. The facts are fully stated in the opinion of the court. It is heedless to call the attention of the court to the fact that the facts in this case are closely disputed, as there were only two witnesses, the witness for the state and the appellant herself, and so far as the appellant is concerned, this is nearly always the ease, as one under this charge can never know when, where and the circumstances upon which, the state expects to make out its case. This…

1Opinion of the CourtCook, P. J.

Appellant was indicted, tried, and convicted for selling a bottle of whisky.

Appellant is a negro, and the sole state witness was a white man. The white witness testified that he bought a pint of whisky from the negro defendant, paying her therefor one dollar. The defendant denied the commission of the crime charged in detail and in toto.

The district attorney, in his closing argument to the jury, said:

“It is just a question of whether or not you believe this negro or Matt Edwards.”

Appellant’s counsel objected to this statement of the district attorney, whereupon the district attorney “rubbed…

2Cases cited1 opinion

  1. Hardaway v. StateMississippi Supreme Court · 1911

3Cited by8 opinions

  1. United States of America Ex Rel. James C. Haynes v. Charles L. McKendrick Warden, Wallkill State Prison, Walkill, New YorkCourt of Appeals for the Second Circuit · 1973
  2. Harris v. StateMississippi Supreme Court · 1950
  3. Henry v. CollinsMississippi Supreme Court · 1963
  4. Harwell v. StateMississippi Supreme Court · 1922
  5. Commonwealth v. KazulesMassachusetts Supreme Judicial Court · 1923

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