Green v. State
Mississippi Supreme Court
Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. The plaintiff in error was tried upon an indictment for murder, and the jury returned a general verdict of guilty. Tbe third instruction given for the state was as follows : “ If the jury, from the evidence, should find the defendant guilty, and such should be their verdict, then they may, if they think proper, adjudge the penalty to be imprisonment for life in the penitentiary.
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Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. The plaintiff in error was tried upon an indictment for murder, and the jury returned a general verdict of guilty. Tbe third instruction given for the state was as follows : “ If the jury, from the evidence, should find the defendant guilty, and such should be their verdict, then they may, if they think proper, adjudge the penalty to be imprisonment for life in the penitentiary. But if they, while concurring in and agreeing to a verdict of guilty, cannot agree as to adjudging the penalty to be imprisonment for life, then…
1Per curiam
The third instruction for the state is correct.
The act of 1875 (Acts 1875, p. 79) made no change in the law of homicide except to authorize the jury, in their verdict, to declare that the penalty for murder should be imprisonment in the penitentiary for life. Ex parte Fortenberry, 53 Miss. 428. One guilty of murder is to be punished with death by hanging, unless the jury, in their verdict, shall declare the different punishment mentioned in the act cited. If the jury should agree in the verdict of guilty of murder, but not agree as to declaring the penalty of imprisonment in the penitentiary…
2Cases cited1 opinion
- Ex parte FortenberryMississippi Supreme Court · 1876
3Cited by18 opinions
- Wheeler v. StateMississippi Supreme Court · 1990
- Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1971
- Dedeaux v. StateMississippi Supreme Court · 1921
- Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Spain v. StateMississippi Supreme Court · 1881
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