Rucker v. State

118 So. 716 (Miss. 1928) · Supreme Court of Mississippi · November 12, 1928

Summary

The court affirmed Louie Rucker’s manslaughter conviction and six-year sentence for the shooting death of Oscar Conner. It held that the trial court properly admitted evidence concerning a defense witness’s alcohol consumption, that any error in admitting duplicative testimony about Rucker’s intoxication was nonprejudicial, and that the evidence was sufficient to support the verdict.

Holdings

  1. The written statement was properly admitted because the witness's sobriety and resulting ability to perceive and recall the events were legitimate subjects of cross-examination, and the statement did not materially contradict his testimony after he acknowledged its truth.
  2. Any error in admitting the sheriff's testimony was harmless and did not warrant reversal because Rucker himself testified on redirect examination to the same fact.
  3. The evidence was sufficient to support the manslaughter verdict, and the appellate court would not disturb the jury's finding.

Questions Presented

  1. Whether the trial court improperly admitted a defense witness's written statement concerning his purchase and consumption of whisky as a contradiction on a collateral and immaterial matter.
  2. Whether the sheriff's testimony that Rucker was very drunk when arrested was prejudicially cumulative and therefore reversible error.
  3. Whether the evidence was sufficient to support the manslaughter verdict.

Disposition

affirmed

Cases Cited (6)

  • Williams v. State, 73 Miss. 823(considered)
  • Davis v. State, 85 Miss. 416(considered)
  • Garman v. State, 66 Miss. 198(considered)
  • Magness v. State, 106 Miss. 195(considered)
  • Ware v. State, 110 So. 503(considered)
  • Moore v. State, 102 Miss. 155(considered)

Cited In (0)

No citing cases on record yet.

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