Minor v. State

Mississippi Supreme Court
Minor v. State, 101 Miss. 107 (Miss. 1911)
57 So. 548
Smith

Minor v. State

Opinion of the Court

Smith, J.,

delivered the opinion of the court.

Appellant was indicted for murder, and convicted of manslaughter. The district attorney in his closing argument used the following language: “If you bring *108in a verdict of manslaughter, the court does not have to sentence her to the penitentiary, hut can fine her or send her to the county farm.” Appellant’s objection to this language was overruled, and an exception taken.

This language is practically the same as that used by the district attorney in Windham v. State, 91 Miss. 845, 45 South. 861, and consequently the judgment of the court below must be reversed, and the cause remanded.

Reversed and remanded.

Reference

Full Case Name
Rosa Minor v. State
Cited By
4 cases
Status
Published
Syllabus
Cbiminax Law. Trial. Argument of counsel. . In a trial for murder where the district attorney was permitted over the objection of defendant to say to the jury, “If you bring in a verdict of manslaughter, the court does not have to sentence defendant to the penitentiary, but can fine her or send her to the county farm,” it was reversible error.