80 Miss. 798 | Miss. | 1902
delivered the opinion of the court.
Without the testimony of Wm. Henderson, defendant could not have been convicted. At any rate, no court would have permitted a verdict of guilty to stand. This witness presents himself in most questionable shape. He it was, and he only, who went to and left Vicksburg in a wagon with deceased. On the way he had a quarrel with him. He alone, without his companion, arrived about midnight at the store of Newman, who had sent him to Vicksburg. Except by his testimony, the defendant, Johnson, does not appear at the scene of the killing. As to Johnson, no motive appears. Henderson made conflicting statements. It is shown by him that he confessed that he himself did the killing, and his explanation of the cause of this confession is too flimsy for serious consideration. His statement as witness as to the place where he says Johnson slew deceased is, from the physical facts, manifestly untrue. The killing was done on the wagon, beyond any question. A shirt and a pair of
Reversed and remanded.