TaiLexi AI U.S. Case Law

Wells v. State

Wells v. State, 72 So. 859 (Miss. 1916)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Mississippi Supreme Court · State Highest Courts
Decided
October 15, 1916
Judges
Cook
Citations
72 So. 859112 Miss. 76
Syllabus
Criminal Law. Appeal. Credibility of witnesses. It was the province' of the jury to pass upon the credibility of witnesses and the discrepancies in their testimony given at one trial and then at another. It is not for the supreme court to say that witnesses were unworthy of belief.
Summary
Appeal from the circuit court of Warren county. HoN. E. L. BbieN, Judge. John Wells was convicted and appeals. The facts are fully stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cook

Text extracted by OCR from a scanned original; check the original for exact wording.

Cook, P. J.,

delivered the opinion of the court.

This case has been before us before, and was reversed and remanded for retrial. ' 70 So. 452 . The same reasons for reversal given by the court before are again urged for a reversal.

The state has repaired its fences, using the same witnesses'who. testified on the former trial to close up the breaks in the line. -As.the record now stands, the identity *77 of the murderer'is established by the dying declaration of the murdered man, supplemented by the testimony of other witnesses who also testified at the former trial, who put up the gaps in their testimony. The defendant shifted his base a little too. From the record now before us we think the jury was warranted in finding the appellant guilty.

It was peculiarly the province of the jury to pass upon the credibility of the witnesses and the discrepancies in their testimony given on the former trial and their testimony in the present trial.

It is not for us to say that the witnesses were unworthy of belief. We find no errors of law, and the judgment of the trial court will be affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 11931: 11946: 11951: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Evans v. State132 So. 563 (Miss. 1931)
  2. Hill v. State24 So. 2d 737 (Miss. 1946)
  3. Steward v. State123 So. 891 (Miss. 1929)
  4. Wright v. State54 So. 2d 735 (Miss. 1951)

Most recent

  1. Wright v. State54 So. 2d 735 (Miss. 1951)
  2. Hill v. State24 So. 2d 737 (Miss. 1946)
  3. Evans v. State132 So. 563 (Miss. 1931)
  4. Steward v. State123 So. 891 (Miss. 1929)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list