DocketNumber: No. 30514.
Citation Numbers: 146 So. 637, 166 Miss. 548
Judges: <bold>Ethridge, P.J.,</bold> delivered the opinion of the court.
Filed Date: 3/13/1933
Status: Precedential
Modified Date: 1/12/2023
The appellant, Mary Lemon, was convicted of the murder of her husband, Nolan Lemon, and sentenced to serve a life term in the state penitentiary, from which this appeal is prosecuted.
The evidence of the killing on behalf of the state is very weak, and it is doubtful if it contradicts the explanation of the killing given by the appellant. From the record, however, it appears that there might be other evidence obtainable, and, for the giving of the instruction for the state, the conviction must be reversed. Unless the state's evidence can be strengthened, it is very doubtful whether the conviction should stand. See Patty *Page 550
v. State,
The jury returned the following verdict: "We, the jury, find the defendant guilty as charged, but certify that we cannot agree upon the verdict."
The court erred in giving the instruction quoted above, particularly the third hypothesis: "We, the jury find the defendant guilty as charged, but certify that we cannot agree on the verdict." There was no effort in the court below to clear up this verdict of the jury before the jury was discharged, and it is clearly and manifestly reversible error. The effect of the instruction was to tell the jury that, if they could not agree on a verdict, they could return a verdict of guilty as charged, certifying their inability to agree thereon.
The judgment will be reversed, and the cause remanded for a new trial.
Reversed and remanded. *Page 551