Richard Olney Arrington

In Anderson v. State, the appellant was indicted, tried, and convicted in Pike County Circuit Court for the murder of Harry Billings, for which he received a death sentence; he appealed on grounds including denial of a change of venue due to alleged prejudgment, insufficient proof of his sanity at the time of the crime, and an erroneous jury instruction on the burden of proof. The court affirmed the conviction after reviewing the record, which included a detailed confession by the appellant describing the beating and stabbing, corroborating physical evidence and witness testimony, and a psychiatric evaluation finding the appellant sane and able to distinguish right from wrong despite a low mental age. The opinion held that the confession constituted direct evidence, eliminating the need for a circumstantial-evidence instruction, that the State met its burden on sanity, and that no reversible error occurred regarding venue or other claims.

criminal lawprocedure

In Selby v. McWilliams Realty Corp., the plaintiff, a newspaper distributor, sued the owner of an office building after falling into an unlighted elevator shaft while delivering papers at 2:30 a.m., alleging negligence due to inadequate lighting and missing safety locks on the elevator doors. The plaintiff claimed he had been shown how to open the elevator doors by an employee and had done so regularly with the owner's knowledge. The Circuit Court of Coahoma County sustained the defendant's demurrer to the amended declaration and dismissed the suit, and the Mississippi Supreme Court affirmed. The court held that the plaintiff was a gratuitous licensee who exceeded the scope of any invitation by opening the closed elevator door in total darkness, that the defendant breached no duty owed to him, and that the plaintiff's own lack of reasonable care for his safety was the sole proximate cause of his injuries.

torts & liabilitypropertyprocedure

The case involved appellant's conviction in Madison County Circuit Court for the murder of Sandra Holderfield, whom he had arranged to pick up for babysitting; after her body was found with multiple blunt-force injuries, appellant was linked to the crime via a stolen car containing matching blood and hair evidence, and he confessed to killing her with a tire tool before attempting suicide. The Mississippi Supreme Court affirmed the death sentence, ruling that the oral and written confessions were voluntary and fully corroborated by FBI analysis and other physical evidence establishing guilt beyond reasonable doubt. The court found no abuse of discretion in denying a change of venue, held that crime-scene photographs were admissible despite being gruesome, and determined that an erroneous jury instruction on insanity was harmless because it did not prejudice the defendant where no insanity defense was supported by evidence.

criminal law

The case involved Rosie May suing Vardaman Manufacturing Company and contractor J.L. Kendall for the wrongful death of her husband, a carpenter employee of Kendall, who died when a building under construction collapsed. The plaintiff claimed negligence by the company in not using competent architectural plans and by the contractor in failing to provide a safe workplace. The court affirmed the trial court's directed verdict for the defendants, holding that the company was not negligent because the building type did not require an architect and the contractor was experienced, and that the deceased assumed the risks inherent in construction work where safety conditions change during the project.

torts & liabilitylabor & employmentprocedure

This case involved residents near Byram, Mississippi, suing Alfred Jacobshagen Company, operating as Jackson Reduction Company, to stop its animal rendering plant from emitting offensive odors and to recover damages for loss of enjoyment of their properties. The chancery court found that the plant's operations constituted a nuisance due to foul smells from processing decayed animal materials but awarded damages and ordered the company to improve its odor control methods rather than immediately shutting down. On appeal, the Mississippi Supreme Court affirmed, holding that a lawful business can become a nuisance if it materially interferes with nearby property owners' use and enjoyment through obnoxious odors, and that equity courts may allow time for abatement of the nuisance while balancing the interests of the parties.

torts & liabilityproperty

The case involved an attorney, Prisock, who sued his client, Ownby, to recover fees for legal services rendered in divorce, separate maintenance, and property settlement litigation under a contingent fee contract that entitled him to 25 percent of the property settlement. The chancellor held the contract unenforceable as against public policy but awarded the attorney $2,800 on a quantum meruit basis for the reasonable value of services performed over more than a year. The Mississippi Supreme Court affirmed, applying precedents holding that an illegal contingent fee contract in a divorce matter does not bar recovery of a reasonable fee for services actually rendered. The court noted that the reasonableness of the fee was a factual determination for the chancellor supported by substantial evidence.

family lawprocedure

In Broadhead v. Gatlin, the plaintiff sued the defendants for damages after a slush pit used in oil drilling operations on adjacent land broke, releasing chemicals and waste that flowed onto the plaintiff's property, killing fish in a pond, five cattle, and ruining ten acres of pasture. The court affirmed the jury's finding of liability, holding that the defendants were negligent in constructing and maintaining the pit containing potential poisons, which foreseeably could cause such harm. However, the court reversed the damages award and remanded for a new trial on damages only, because the jury instruction failed to properly measure damages for permanent injury to real property as the diminution in market value, and evidence of loss from selling cattle was improperly admitted as it was not pleaded in the declaration.

propertytorts & liability

The case involved an appellant who was jointly indicted with another individual for grand larceny and tried separately, resulting in a conviction. During trial, the prosecution introduced the co-defendant's guilty plea and an out-of-court statement implicating the appellant, over defense objections. The court determined that it was improper to inform the jury of the co-defendant's guilty plea, as such a plea or conviction is not evidence of guilt against a separately tried defendant. It was also error to admit the out-of-court statement, which was made outside the appellant's presence and thus incompetent as evidence. The judgment was reversed and remanded due to these evidentiary errors.

criminal lawprocedure

This case involved a lawsuit by a minor pedestrian, Mary Ethel Gray, against driver Patricia Felts for injuries sustained when Gray was struck by Felts' car while crossing an intersection in Greenville, Mississippi. The jury returned a verdict for the defendant, but the Mississippi Supreme Court reversed the judgment and remanded for a new trial. The court held that the verdict was against the overwhelming weight of the evidence, as the physical facts (including 120 feet of skid marks) and testimony showed the defendant failed to maintain a proper lookout or control despite having the green light, and that one of the defendant's jury instructions lacked evidentiary support regarding the plaintiff running from behind a parked car.

torts & liability

The case concerned the joint trial and conviction of three defendants for the rape of an 18-year-old woman in Washington County, Mississippi, after they drove her to a rural area where she alleged they used force, while the defendants testified the encounters were consensual in exchange for money. The trial court sentenced each to life imprisonment after the jury found them guilty but could not agree on punishment. On appeal, the Mississippi Supreme Court affirmed the convictions, holding that the evidence was sufficient to support the verdict as a question for the jury, that rebuttal testimony about a prior inconsistent statement was properly admitted, and that the trial court did not err in refusing a requested jury instruction or a new trial based on newly discovered evidence.

criminal law

This case concerns a dispute between two electric utilities, Capital Electric Power Association and Mississippi Power & Light Company, over which company is entitled to provide service to a wood-chipping plant near Jackson. The Mississippi Public Service Commission granted Mississippi Power & Light a certificate of public convenience and necessity to serve the plant, finding its facilities superior and the service in the public interest, and the chancery court affirmed that order. On appeal, the Mississippi Supreme Court reversed, holding that Capital Electric held exclusive rights to the area under its grandfather certificate issued pursuant to Section 5(b) of the 1956 utility act. The court reasoned that the statute does not permit the Commission to override those area rights when approving a contract with a manufacturer or based on customer preference and facility comparisons. The matter was remanded for further proceedings consistent with that ruling.

business & regulatory

This case involved a workers' compensation claim by Carey G. Prothro against his employer, Shainberg's Black & White Store, and its insurance carrier for a 1954 knee injury sustained in Mississippi. The attorney-referee and Workmen's Compensation Commission dismissed the claim for lack of jurisdiction, finding it barred by the one-year statute of limitations under Section 6998-27 after the last compensation payment. The circuit court reversed that decision and awarded benefits, and the Mississippi Supreme Court affirmed. The court reasoned that the final Form B-31 report was unsigned and filed without required notice to the claimant under Section 6998-19(g), so the limitations period never began to run; additionally, the carrier's provision of a medical examination in 1956 constituted a voluntary reopening that preserved jurisdiction.

labor & employmentprocedure

The case involved a wrongful death action brought by the adult children of Mrs. Nannie B. Huff against Sylvester Morris, alleging that Morris's negligent driving of a log truck caused a head-on collision that killed Huff. A jury awarded the plaintiffs $49,457.50, but Morris appealed, raising issues including the denial of a directed verdict, excessiveness of damages, a punitive damages instruction, a refused jury instruction on sole proximate cause, and the injection of liability insurance into the proceedings. The court reversed and remanded for a new trial, holding that the plaintiffs' counsel improperly elicited testimony and made arguments implying that a third party or insurer would pay any judgment, which was prejudicial and not invited by the defense, and that a punitive damages instruction was unwarranted on the facts. The court also noted that questions of negligence were properly left to the jury under Mississippi Code section 1455.

torts & liabilityprocedure

The case involved the conviction of W.Y. Andrews for manslaughter in the death of his ten-month-old stepdaughter, Teresa Kay Walker, whom he was accused of killing through culpable negligence by inflicting fatal injuries. The Circuit Court of Jones County sentenced him to twelve years in prison, and the Mississippi Supreme Court affirmed the conviction. The court reasoned that evidence of the child's prior mistreatment, the nature of her injuries including a ruptured liver inconsistent with the defendant's explanations of falls or artificial respiration, and witness testimony established the defendant's guilt, and that evidence tending to show an unlawful killing was admissible even on a manslaughter indictment.

criminal law

This case was an appeal from a chancery court decree ratifying the City of Meridian's ordinance annexing surrounding territory under state statutes governing municipal expansion. The City introduced evidence of its strong finances, ongoing infrastructure projects for water and sewer systems, and capacity to extend police, fire, garbage, and street services to the new areas, while objectors from specific neighborhoods contended that those areas were already self-sufficient with private utilities and county roads. The chancellor approved a modified version of the annexation after a hearing, finding it reasonable and required by public convenience and necessity. The Mississippi Supreme Court affirmed, concluding that the statutory criteria were met and the chancellor's factual findings were not manifestly wrong.

propertybusiness & regulatory

This case concerned the distribution of a $4,000 settlement recovered in a wrongful death action against a third-party tortfeasor after an employee was killed on the job. The insurance carrier had paid and remained liable for workers' compensation benefits to a dependent child whom the deceased had supported but who was not an heir under the wrongful death statute, and the carrier sought full reimbursement from the settlement proceeds under Section 30 of the Workmen's Compensation Act before any distribution to the estate. The lower court allowed reimbursement only for certain payments already made (second injury fund, funeral, and medical expenses) and denied recovery for ongoing compensation benefits paid to the child. The court held that the carrier's subrogation rights under the compensation statute did not extend to amounts paid to a beneficiary who had no claim under the wrongful death statute, limiting recovery to amounts corresponding to the interests of statutory heirs. The decision turned on the interpretation that the compensation act's reimbursement provision operates through statutory assignment tied to the wrongful death beneficiaries rather than granting an independent indemnity right.

labor & employmenttorts & liabilityprocedure

Ivy Cobb was convicted of assault and battery with intent to kill and murder after striking Mr. Sullivan with a handsaw during a work dispute in 1957, causing severe and permanent injuries to Sullivan's arms, and was sentenced to nine years in prison. This was the second appeal after a prior reversal; Cobb claimed self-defense, arguing the trial court erred in denying a peremptory instruction and motions for a new trial due to conflicting witness testimony. The court affirmed the conviction, reasoning that direct conflicts in evidence are for the jury to resolve, that juries may accept or reject portions of any witness's testimony, and that the verdict was amply supported by the evidence as determined by two juries.

criminal lawprocedure

The case involved a claim by the widow and children of Thomas B. Murrah, a route salesman for Bryan Brothers Packing Company, for death benefits under Mississippi’s Workmen’s Compensation Law after Murrah died in a single-car accident while driving the company car on Highway 35 north of Kosciusko. The attorney-referee awarded benefits, finding the death arose out of and in the course of employment, but the Commission reversed that decision by a 2-1 vote; the circuit court then reinstated the award, and the employer appealed. The Mississippi Supreme Court affirmed the circuit court, holding that a traveling salesman who is killed on a highway he is expected to travel is presumed to be acting in the course of employment absent evidence of a personal errand, and no such evidence rebutted the presumption here. The court noted that Murrah had discretion over his hours, had been working late, carried his collection wallet, and left no proof he was on a non-work mission when the accident occurred. The judgment awarded compensation plus a ten-percent penalty on past-due amounts and remanded the case to the Commission.

labor & employment

The case concerned a garnishment proceeding by judgment creditor Mrs. Ellis against Southern Farm Bureau Casualty Insurance Company to collect on a $20,000 default judgment against Arvin Hubbard's estate arising from an automobile accident. After issuing a standard liability policy to Hubbard, the insurer added and Hubbard signed a restrictive endorsement limiting coverage to the named insured or family members when Hubbard entered the military; the insurer could have canceled but instead continued the policy without a premium change. The accident occurred while the vehicle was driven by a non-family permissive user, and the insurer denied coverage based on the endorsement. The trial court dismissed the garnishment, and the Mississippi Supreme Court affirmed, holding that the mutual agreement to modify the executory contract supplied adequate consideration through the benefit of continued coverage rather than cancellation.

business & regulatorytorts & liability

Thurman West was jointly indicted with two others for the murder of Henry Lee Robinson but was tried separately and convicted of manslaughter, receiving a ten-year sentence. The State presented evidence, including a confession, that West drove the others several miles to retrieve guns after they stated their intent to kill Robinson and then returned them near the victim's home, where the shooting occurred. The court affirmed the conviction under Mississippi Code Section 1995, which treats accessories before the fact as principals, holding that the evidence showed West aided and encouraged the crime. It also upheld the manslaughter instruction despite evidence supporting murder and found no error in refusing West's requested instruction.

criminal law