Brabston v. State
Mississippi Supreme Court
FroM the circuit court of Warren county. HoN. Ralph North, Judge. The appellant, W. F. Brabston, was indicted for the murder of W. H. Brabston, and appeals from a conviction of manslaughter. The killing occurred in a pavilion at Newman’s Grove, a voting precinct in Warren county, during the progress of a primary election held to select candidates for certain offices.
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FroM the circuit court of Warren county. HoN. Ralph North, Judge. The appellant, W. F. Brabston, was indicted for the murder of W. H. Brabston, and appeals from a conviction of manslaughter. The killing occurred in a pavilion at Newman’s Grove, a voting precinct in Warren county, during the progress of a primary election held to select candidates for certain offices. More than a hundred people were at and near the pavilion, and in a situation to see or hear something of what occurred at the time of the killing. There is a vast deal of testimony in the record, and much of it that is…
1Opinion of the Court
SheltoN, J., Special Judge,
delivered the opinion of the court.
The court reverses this case on instructions given to the jury, on *215instructions asked by defendant and refused by the court, and on rulings of the court as to admissibility of certain evidence. Tbe statutes in relation to homicide aid in reaching correct conclusions on the instructions of the trial court. The verdict was “ guilty of manslaitghter.” That is an acquittal of murder, and therefore acquits the accused of any deliberate design to effect the death of the deceased or of any person; that is, the verdict acquits the accused…
2Cases cited2 opinions
- Frank v. StateSupreme Court of Alabama · 1855
- Peden v. StateMississippi Supreme Court · 1883
3Cited by6 opinions
- Moore v. StateCourt of Criminal Appeals of Texas · 1922
- Collins v. StateMississippi Supreme Court · 1927
- Sullivan v. StateMississippi Supreme Court · 1904
- Prine v. StateMississippi Supreme Court · 1942
- Brown v. StateMississippi Supreme Court · 1928
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