Legal Opinion

Patty v. State

Mississippi Supreme Court

Decided March 15, 1921No. 21809PublishedCited by 31 opinions

Appeal from circuit court of Winston county. Hon. T. L. Lamb, Judge. Will Patty was convicted of murder, and he appeals. The day has fully come when it is the next thing to. an impossibility to get an acquittal of a negro charged with murder before the juries of Winston County. It may be improper to make such a statement, hut I am so much impressed with the thoughtfulness of it that I make it without any fear whatever of successful contradiction.

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Appeal from circuit court of Winston county. Hon. T. L. Lamb, Judge. Will Patty was convicted of murder, and he appeals. The day has fully come when it is the next thing to. an impossibility to get an acquittal of a negro charged with murder before the juries of Winston County. It may be improper to make such a statement, hut I am so much impressed with the thoughtfulness of it that I make it without any fear whatever of successful contradiction. I will rest this case on the case of Houston v. State, 117 Miss. 311, and adopt the learned opinion' in that case as my argument here. The court…

1Opinion of the Court

Ethridge, J.,.

delivered the opinion of the court.

Will Patty was indicted and convicted of murder of one Munich Moore, and sentenced to life imprisonment, and appeals.

It is assigned for error that the court erred in refusing a peremptory instruction for the appellant. The killing occurred in' the town of Louisville on a Sunday night. There were three persons present, the defendant, Myrjb Hopkins, and the wife of the deceased, neither of whom was introduced on behalf of the state.

The testimony for the state shows that the shot was heard by one negro witness, who had attended church with the…

2Cases cited2 opinions

  1. Hawthorne v. StateMississippi Supreme Court · 1881
  2. Houston v. StateMississippi Supreme Court · 1918

3Cited by31 opinions

  1. Weathersby v. StateMississippi Supreme Court · 1933
  2. Nicolaou v. StateMississippi Supreme Court · 1988
  3. Eagan v. StateWyoming Supreme Court · 1942
  4. Harrison v. StateMississippi Supreme Court · 1988
  5. Bowen v. SmithMississippi Supreme Court · 1932

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