103 Miss. 639 60 So. 726

Lucius Brown v. State.

[60 South. 726.]

Ceiminax, Law. Appeal. Findings of jury. Reversal.

Where there is a conflict in the evidence on the trial of a case, it is peculiarly a question for the decision of a jury, and though it may he conceded that the appellate court, sitting as a jury would have rendered a different verdict, this affords no reason for a reversal of the ease.

Appeal from the circuit court of Marshall county.

Hon. H. K. Mahon, Judge.

Lucius Brown was convicted of manslaughter and appeals.

The facts are sufficiently stated' in the opinion of the court.

I). M. Featherston, attorney for appellant.

Geo. H. Ethridge, assistant attorney-general, for state.

Cook, J.,

delivered the opinion of the court.

Appellant was convicted of the crime of manslaughter and sentenced to a term of five years in the penitentiary. There is nothing before this court save a pure question of fact. The testimony of appellant’s witnesses authorized the jury to find him not guilty, while the state’s evidence warranted a verdict of guilty. Strenuous argument is made here in criticism of the state witnesses, and no doubt the same criticism was made in the argument at the trial.

Where there is a conflict in the' evidence, it is peculiarly a question for the decision of the jury, and though it may he conceded that the appellate court, sitting as a *640jury, would have rendered a different verdict, this affords no reason, under our system, for reversal. Bearing this in mind, persons convicted of crime by a jury can save much time, expense, and suspense by submitting to the inevitable.

Affirmed.

Brown v. State
103 Miss. 639 60 So. 726

Case Details

Name
Brown v. State
Decision Date
Oct 1, 1912
Citations

103 Miss. 639

60 So. 726

Jurisdiction
Mississippi

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