Chatman v. State
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Missie Chatman was convicted of unlawful retailing and appeals. The appellant was indicted and convicted of the unlawful sale of intoxicating liquors.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Missie Chatman was convicted of unlawful retailing and appeals. The appellant was indicted and convicted of the unlawful sale of intoxicating liquors. On appeal she assigns as an error the granting of the second instruction asked by the state, which is as follows: “The court charges the jury, for the state, that you are the sole judge of the weight and worth of the evidence and the credibility of the witnesses, and in determining what credence to be given to the testimony of any witness or witnesses you may take into…
1Opinion of the CourtSmith, J.
Appellant was the only witness who testified in her behalf in the court below, and her evidence, if believed by the jury to be true, entitle her to an acquittal. Consequently, as held by this court in Smith v. State, 90 Miss. 111, 43 South. 465, 122 Am. St. Rep. 313, and Gaines v. State, 48 South. 182, the granting of the second instruction requested on behalf of the- state was fatal error.
Reversed and remanded.
2Cases cited1 opinion
- Smith v. StateMississippi Supreme Court · 1907
3Cited by6 opinions
- Hall v. StateMississippi Supreme Court · 1964
- Reed v. StateMississippi Supreme Court · 1959
- Sumrall v. StateMississippi Supreme Court · 1977
- Phillips v. StateMississippi Supreme Court · 1967
- Reed v. StateMississippi Supreme Court · 1959
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