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104 Miss. 295

Howell v. State

Mississippi Supreme Court

Decided March 15, 1913

Mississippi Supreme Court · decided 1913-03-15

Hon. H. K. Mahon, Judge. Watson Howell was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.

Cited by 1 later decisions — most recently May 1972

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1913-03-15

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Cook, J.,

¶1delivered the opinion of the court.

¶2Appellant was indicted for a murder, and convicted of manslaughter. The homicide is admitted and explained. The witnesses for defendant showed that the homicide *296was committed in self-defense, and there is nothing in the whole evidence contradictory of, or inconsistent with, the version of the facts offered by defendant; indeed, the defensive evidence dovetails with all the physical facts, and seems to conclusively demonstrate the innocence of appellant.

¶3It is difficult to understand how the jury arrived at its verdict, unless the jury were misled by sham battles waged by counsel, in which absolutely immaterial matters were converted into points of apparently serious controversy. It may be the jury arrived at the conclusion that, when the fictitious issues were determined against the defendant, it necessarily followed that a verdict of guilt should be returned. This court can find nothing to justify the verdict.

¶4The judgment is reversed, and a judgment here finding appellant not guilty.

¶5Reversed.

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