Public-domain · open source
OpenJurist

123 Miss. 546

Abney v. State

Mississippi Supreme Court

Decided October 15, 1920

Mississippi Supreme Court · decided 1920-10-15

I-Ion. D. M. Miller,. Judge. Santy Abney was convicted of manslaughter, and she appeals. It is insisted that there is no reason in law or in principle why the prosecuting attorney should not state to the jury the maximum and minimum punishment in the event of a conviction of manslaughter, provided only that he states the law correctly, and it is even insisted by counsel for appellee that it would be wise and just for the district attorney to do so.

Key passage — most relied on by later courts

“[T]he jury have no concern, in arriving at their verdict, with the quantum of punishment that may be inflicted in response thereto”

quoted by 1 later decision, including 807 So. 2d 413 - McDowell v. State

Relies on Ellerbe v. State · Windham v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1920-10-15

How this case has been cited

Cited by 20 later decisions — most recently April 2006

20 state decisions

60192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Smith, C. J.,

¶1delivered the opinion of the court.

¶2The appellant was indicted for murder and convicted of manslaughter. According to the evidence introduced by the state, the appellant is guilty of murder; according to that introduced in her own behalf, she is innocent; and on which side the truth lies is an exceedingly difficult question to determine.

¶3The court submitted to the jury the question of the defendant’s guilt of either murder or manslaughter, and *550the district attorney in his closing argument, over the objection of the appellant, stated to the jury that, in event they should return a verdict for manslaughter, “the maximum penalty is twenty years in the state penitentiary and the minimum penalty is absolutely in the discretion of the court.”

¶4The appellant’s objection to the argument of the district attorney should have been sustained, and the jury charged to disregard it, for the reason that the jury, have no concern, in arriving at their verdict, with the quantum of punishment that may be inflicted in response thereto. Windham v. State, 91 Miss. 845, 45 So. 861; Johnson v. State, 78 Miss. 629, 29 So. 515; Ellerbe v. State, 79 Miss. 10, 30 So. 57.

¶5Reversed and remanded.

/123/miss/546 · .json · Public domain