Wesley v. State
Cases that cite this one
10 later published cases cite this decision.
- Andy Nicholas Brown v. State of Mississippi (Miss. 2015)
- Hancock v. State (Miss. 1974)
- Gordon v. State (Miss. 1972)
- Carson v. State (Miss. 1972)
- Houston v. State (Miss. 1963)
- Taylor v. State (Miss. 1960)
- Lee v. State (Miss. 1958)
- Willette v. State (Miss. 1955)
- Dewberry v. State (Miss. 1933)
- Weathersby v. State (Miss. 1933)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant was indicted and convicted in the circuit court of Franklin county of the crime of manslaughter, and sentenced to the penitentiary for the term of five years. From that judgment, appellant prosecutes this appeal.
The only question is whether the evidence was sufficient to sustain conviction.
Appellant and Dewey Cotton were the only eyewitnesses who testified. They made out a case of self-defense, and their evidence as to how the homicide occurred was in substantial agreement and not unreasonable.
The state introduced witnesses who testified'to certain physical facts surrounding the scene of the homicide, which facts, it contends, were contradictory of the testimony of the two eyewitnesses. We do not think the contention well founded. Taking as true every fact which the' state’s evidence fended to prove, we are of the opinion that they were not inconsistent with appellant’s innocence, and are therefore insufficient to raise an issue for the jury.
Reversed, and defendant discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.