Avant v. State
Mississippi Supreme Court
From: the circuit court of Tate county. LIon. James B. Boothe, Judge. Avant, the appellant, was indicted, tried and convicted of the murder of one Jackson Simmons and was sentenced to be hanged, from which judgment and sentence he appealed to the supreme court. The facts pertinent to the only question decided are stated in the opinion of the court.
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From: the circuit court of Tate county. LIon. James B. Boothe, Judge. Avant, the appellant, was indicted, tried and convicted of the murder of one Jackson Simmons and was sentenced to be hanged, from which judgment and sentence he appealed to the supreme court. The facts pertinent to the only question decided are stated in the opinion of the court. The verdict of the jury is void, because it does not state whether the penalty shall be death or imprisonment for life, as directed by the state’s instructions as to the form of their verdict. Code 1892, § 1439. It is idle to complain of the…
1Opinion of the CourtOalhoon, J.
The verdict in this murder case is: “We, the jury, find the defendant guilty as charged and beg the mercy of the court.” The court did nothing and said nothing, but pronounced the sentence of death. In the light of authority no verdict of guilty with such a petition for mercy, and the court silent, can be sustained, however horrible the case may be: In Smith v. State, 75 Miss., 558 (23 South. Rep., 265), the court said: “Of course, the legal effect of the verdict in. this case in the words used is by legal construction death. But the words employed in a verdict are the mere vehicles for…
2Cases cited1 opinion
- Smith v. StateMississippi Supreme Court · 1897
3Cited by2 opinions
- Kelley v. StateSupreme Court of Arkansas · 1918
- Hall v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940