Abney v. State
Abney v. State
Opinion of the Court
delivered the opinion of the court.
The 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.
The court submitted to the jury the question of the defendant’s guilt of either murder or manslaughter, and
The 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.
Reversed and remanded.
Reference
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- Criminal law. Jury should not ho reminded hy district attorney as to the maximum and minimum penalty. The jury is not concerned, in arriving at its verdict, with the quantum of punishment that may be inflicted in response thereto, and should not in a murder case be reminded by the district attorney that in event the defendant should be convicted of manslaughter the maximum penalty is twenty years in the state penitentiary, and the minimum penalty absolutely within the discretion of the court.