Johnson v. State

Citations

• 85 Miss. 572

Syllabus

<p>1. Criminal Law. Murder. Evidence. Other crime. Identity of crime.</p> <p>Where, upon the trial of a murder case, the theory of the state being that defendant procured another to kill deceased, it appeared that the deceased had recently slain the brother of the accused, the trial court did not err in permitting the state to prove that the defendant had thereafter tried to hire a witness to kill deceased and, admitting his malice toward him, expressed his determination to have him killed. Such proof is not incompetent as being evidence of another crime, but is relevant and admissible.</p> <p>2. Same. Instruction.</p> <p>In such case an instruction, authorizing the conviction of defendant “if he counseled, procured, or commanded the killing of deceased,” does not constitute reversible error, where it was shown by the record of the conviction of the person who did the killing that he pleaded guilty to the charge of murder and there was no doubt or dispute as to the decedent having been murdered.</p> <p>3. Same. Case.</p> <p>Pacts examined and adjudged sufficient to support a conviction of murder.</p>