Opinion · Mississippi Supreme Court

Minor v. State

Minor v. State, 101 Miss. 107 (Miss. 1911)

Type: Opinion
Court: Mississippi Supreme Court
Jurisdiction: Mississippi
Date: 1911-10-15
Topic: general

How later courts describe this case

reversible error to state in closing argument that, if manslaughter verdict is brought in, judge does not have to sentence defendant to the penitentiary

Citator

UpLaw has not yet analyzed Minor v. State. The absence of a flag is not a finding that it is good law.

Cited by: 4 opinions

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 *108 in 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.