Clayton v. State

Mississippi Supreme Court

Clayton v. State

117 So. 127, 150 Miss. 812, 1928 Miss. LEXIS 166

CourtMississippi Supreme Court

DecidedMay 14, 1928

DocketNo. 27224.

StatusPublished

This text of 117 So. 127 (Clayton v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clayton v. State, 117 So. 127, 150 Miss. 812, 1928 Miss. LEXIS 166 (Mich. 1928).

Pincite

Opinion

*813 Smith, C. J.

While the evidence is wholly circumstantial, it is of such character as to make the guilt vel non of the appellant a question entirely for the determination of the jury.

The absence of the two witnesses, whose presence at the trial was desired by the appellant, presented no ground for a continuance of the case; for, leaving out of view the question of the appellant’s diligence, the testimony of these witnesses would have related only to matters otherwise proven, and as to which the record presents no issue.

Affirmed.

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*813 Smith, C. J.

While the evidence is wholly circumstantial, it is of such character as to make the guilt vel non of the appellant a question entirely for the determination of the jury.

The absence of the two witnesses, whose presence at the trial was desired by the appellant, presented no ground for a continuance of the case; for, leaving out of view the question of the appellant’s diligence, the testimony of these witnesses would have related only to matters otherwise proven, and as to which the record presents no issue.

Affirmed.

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Bluebook (online)

117 So. 127, 150 Miss. 812, 1928 Miss. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-state-miss-1928.