Legal Opinion

Underwood v. State

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 1 opinion

Appeal from the circuit court of Sunflower county. Hon. F. E. Everett, Judge. Richard Underwood was convicted of murder and appeals. The facts are fully stated in the opinion of the court.- In the case of Stokes v. State, reported in 30 Am. Rep. 72, Stokes was indicted and convicted for the murder of Mrs. Housen.

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Appeal from the circuit court of Sunflower county. Hon. F. E. Everett, Judge. Richard Underwood was convicted of murder and appeals. The facts are fully stated in the opinion of the court.- In the case of Stokes v. State, reported in 30 Am. Rep. 72, Stokes was indicted and convicted for the murder of Mrs. Housen. The facts briefly show tliat Mrs. Housen was taken from her house at night and hanged to a hog pole, near which a track'was found in the mud made by a barefoot, the inference being that the man who made this track was a party to the murder, the question of the track made by the…

1Opinion of the CourtEeed, J.

Appellant was convicted on a charge of murder and sentenced to the penitentiary for life. The proof in the case consisted of circumstantial evidence and a confession by appellant. The evidence is sufficient to support the verdict of guilty.

Appellant assigns as error the action of the trial court in permitting witnesses to testify relative to the measurement of shoes worn by appellant with tracks near the scene of the homicide, which measurements and comparisons were made while appellant was under arrest and in custody of an officer. Appellant claims that this was in *37violation of the…

2Cases cited4 opinions

  1. State v. HeightSupreme Court of Iowa · 1902
  2. Myers v. StateSupreme Court of Georgia · 1895
  3. Thornton v. StateWisconsin Supreme Court · 1903
  4. State v. SextonSupreme Court of Missouri · 1898

3Cited by1 opinion

  1. Richardson v. StateMississippi Supreme Court · 1934

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