CARTER v. STATE

No. 48390.

310 So.2d 903 (1975)

Joseph CARTER v. STATE of Mississippi.

Supreme Court of Mississippi.

April 7, 1975.


Attorney(s) appearing for the Case

Dale & Upton, Columbia, for appellant.

A.F. Summer, Atty. Gen., by Vera Madel Speakes, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, ROBERTSON and WALKER, JJ.


PATTERSON, Justice:

Joseph Carter was indicted by the Circuit Court of Marion County for the murder of B.J. Monroe. He was convicted of manslaughter and sentenced to twenty years in the state penitentiary. On appeal he contends that he should have been granted a peremptory instruction and acquitted at the conclusion of the evidence. We affirm.

The appellant argues that under the rule of Weathersby v. State, 165 Miss. 207, 147 So. 481 (1933), he should have...

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