89 Miss. 291
Decided November 15, 1906
Mississippi Supreme Court · decided 1906-11-15
From the circuit court of Sunflower county. Hon. A. McC. Kimbrough, Judge. May, the appellant, a negro, was indicted and tried for and convicted of the murder of his wife, Koberta May, sentenced to suffer death, and appealed to the supreme court. The testimony showed that the killing occurred at a negro dance. Appellant’s wife accused him of having committed adultery -with the wife of one Jennings, and this she did in the presence of Jennings.
Cited by 1 later decisions — most recently March 1946
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1906-11-15
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¶1delivered tire opinion of the court.
¶2The jury would have been well warranted in finding a verdict of manslaughter only in this case. Indeed, the evidence could not well -warrant any more serious finding, and yet there is not an instruction in the case ais to manslaughter. The case falls precisely within Johnson v. State, 75 Miss., 635 (23 South. Rep., 519).
¶3Reversed and remanded.