Simmons v. State
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. D. M. Miller, Judge. J. E. Simmons .was convicted of rape and appeals. Appelant was convicted of rape, and appeals.
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Appeal from the circuit court of Lincoln county. D. M. Miller, Judge. J. E. Simmons .was convicted of rape and appeals. Appelant was convicted of rape, and appeals. Among other errors assigned is the granting of the following instructions at the request of the state: ■ “1. The court instructs the jury, for the state, that if you believe from the evidence, and circumstances in evidence, that the defendant feloniously had intercourse with his daughter, a female under the age of twelve years, then he is guilty, and you should so find. “2. The court further instructs the jury that the crime of…
1Opinion of the CourtCook, J.
Appellant was indicted by the grand jury of Pike county, charging him with .the rape of his daughter, less than twelve years of age. Upon a change of venue to Lincoln county, he was convicted by a jury and sentenced to a life term in the penitentiary.
The horrible and almost unthinkable crime imputed to appellant, together with the verdict of the jury, naturally predisposes the court to affirm the judgment of the trial court. But an effort to write an opinion in affirmance *56serves only to demonstrate that to ignore the manifest errors apparent upon the face of the record would he to override…
2Cited by16 opinions
- Holland v. StateMississippi Supreme Court · 1997
- Mitchell v. StateMississippi Supreme Court · 2001
- Edmonds v. StateMississippi Supreme Court · 2007
- Hall v. StateMississippi Supreme Court · 1989
- McGowen v. StateMississippi Supreme Court · 2003
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