Owens v. State
Mississippi Supreme Court
From the circuit court of Lafayette county. IIon. Perrin H. Lowrey, Judge. Whittington Owens, the appellant, was indicted in the circuit court of Lafayette county, at the December special term, 1901, for the murder of Hugh Montgomery. The indictment was a joint one against Owens, Orlandus Lester, William Matthis, and William Jackson. The same parties were also indicted by the same grand jury for the murder of John A. Montgomery.
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From the circuit court of Lafayette county. IIon. Perrin H. Lowrey, Judge. Whittington Owens, the appellant, was indicted in the circuit court of Lafayette county, at the December special term, 1901, for the murder of Hugh Montgomery. The indictment was a joint one against Owens, Orlandus Lester, William Matthis, and William Jackson. The same parties were also indicted by the same grand jury for the murder of John A. Montgomery. There was a severance in each case, and each of the defendants were separately tried, Owens on each of the indictments. Orlandus Lester was convicted and sentenced to…
1Opinion of the Court
Wiiiteieed, O. J.,
delivered the opinion of the court.
This case is not like that of Matthis {ante, 491) or Lester. In those cases the guilt of the parties was shown by overwhelming evidence of the most positive character.' This appellant was not present at the killing, and the effort here is to show that he was an accessory before the fact. Rut this rests wholly *509upon the testimony of Lester, a confessed perjurer. It was earnestly argued that Owens did not take the stand, and that no member of his family took the stand, to contradict Lester as to what Lester said occurred at Owens’ house…
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