Harris v. State

Mississippi Supreme Court

Harris v. State

107 So. 372, 142 Miss. 342, 1926 Miss. LEXIS 70

CourtMississippi Supreme Court

DecidedMarch 8, 1926

DocketNo. 25297.

StatusPublished

Cited by8 cases

This text of 107 So. 372 (Harris 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

Harris v. State, 107 So. 372, 142 Miss. 342, 1926 Miss. LEXIS 70 (Mich. 1926).

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Opinion

Holden, P. J.,

delivered the opinion of the court.

Ben Harris appeals from a conviction on a charge of assault with intent to kill and murder, and a sentence of ten years in the penitentiary.

We see no good purpose to serve in setting out a detailed statement of the facts of the case. We have carefully considered the testimony in the ease and think it is ample to support the verdict of the jury. The jury was justified, from the evidence, in finding that the appellant shot at and intended to kill the person named in the indictment.

We have examined all of the different assignments of error and are of the opinion that none of them are well grounded. The points presented are well settled by the law of this state, and we deem it unnecessary to discuss the questions or refer to the decisions of our court thereon.

The lower court did not err in refusing to grant a new trial. The sentence of ten years in the penitentiary imposed by the circuit judge was a matter within the discretion of the judge; and this court does not review the discretion exercised by the lower court in passing sen *345 tence, provided the sentence is within the limitations of the statute. There is nothing in the point that the sentence of ten years in this case was “excessive, cruel, and inhuman.” If the statute authorizing the sentence of ten years is unconstitutional, counsel has failed to urge this proposition; and it not being raised by counsel, this court will not consider it. The judgment of the lower court is affirmed.

Affirmed.

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Holden, P. J.,

delivered the opinion of the court.

Ben Harris appeals from a conviction on a charge of assault with intent to kill and murder, and a sentence of ten years in the penitentiary.

We see no good purpose to serve in setting out a detailed statement of the facts of the case. We have carefully considered the testimony in the ease and think it is ample to support the verdict of the jury. The jury was justified, from the evidence, in finding that the appellant shot at and intended to kill the person named in the indictment.

We have examined all of the different assignments of error and are of the opinion that none of them are well grounded. The points presented are well settled by the law of this state, and we deem it unnecessary to discuss the questions or refer to the decisions of our court thereon.

The lower court did not err in refusing to grant a new trial. The sentence of ten years in the penitentiary imposed by the circuit judge was a matter within the discretion of the judge; and this court does not review the discretion exercised by the lower court in passing sen *345 tence, provided the sentence is within the limitations of the statute. There is nothing in the point that the sentence of ten years in this case was “excessive, cruel, and inhuman.” If the statute authorizing the sentence of ten years is unconstitutional, counsel has failed to urge this proposition; and it not being raised by counsel, this court will not consider it. The judgment of the lower court is affirmed.

Affirmed.

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Bluebook (online)

107 So. 372, 142 Miss. 342, 1926 Miss. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-miss-1926.

Opinion

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