Percy Mercer Lee

The case involved R.B. Pearson, who was indicted for murder after shooting Fred Johnson Ellis at an oil station in 1964 and convicted by a jury of manslaughter with an eight-year sentence. Pearson appealed, arguing errors in the trial proceedings. The court reversed the conviction and remanded for a new trial, holding that the trial judge's conduct during closing arguments—specifically, engaging in an off-the-record discussion with counsel that the jury could interpret as the judge urging conviction—created an improper influence. Under established precedent, such exposure to potential judicial bias triggers a conclusive presumption against the verdict's purity, without needing to prove actual effect on jurors.

criminal lawprocedure

The case was a suit by the heirs of George Tharp, a minor student who died in an accident on school grounds, seeking $1,000 in benefits under a group accident insurance policy issued by Key Life Insurance Company to the Indianola Municipal Separate School District. The policy covered students participating in school-sponsored activities under the direct and immediate supervision of the school, excluding senior high football. The trial court granted a peremptory instruction for the plaintiffs after evidence showed Tharp had skipped his assigned shop class, joined other students operating a tractor and roller on the athletic field without permission or assignment, and fell under the roller. The Mississippi Supreme Court affirmed, reasoning that the term "participating" in the policy was ambiguous and must be construed in favor of the insured, so coverage applied even though Tharp was not authorized or contributing to the work.

business & regulatory

The case involved the conviction of W. W. Kitchens in county court for unlawful possession of liquor, based on evidence from federal and local officers who observed him handling gallon jugs of moonshine outside a club building. Kitchens appealed, arguing that a prior justice of the peace proceeding had resulted in a not guilty finding and discharge, which should bar the county court prosecution. The court affirmed the conviction, holding that the justice of the peace's not guilty entry was a clerical error made to clear the docket without any actual arraignment, plea, or evidence, and that courts of record have inherent authority to correct such errors to reflect the true proceedings. The court also found the trial evidence sufficient to support the jury's verdict beyond reasonable doubt.

criminal lawprocedure

In Nix v. Nix, the wife filed for divorce on grounds of habitual cruel and inhuman treatment by the husband, seeking custody of their two young children, support, and alimony; the husband responded with a cross-bill alleging the wife's adultery and excessive drinking, which he had not condoned. The chancellor granted the husband a divorce based on the wife's adultery, awarded temporary custody of the children to the father (with placement in a relative's home due to one child's asthma), denied the wife alimony and attorney fees, and provided visitation rights to the mother. On appeal, the court affirmed the divorce and custody rulings, finding sufficient circumstantial evidence of adultery and that the chancellor was not manifestly wrong in weighing the evidence and considering the children's welfare, but remanded for an award of reasonable attorney fees to the wife given her lack of funds and the contested nature of the proceedings.

family law

The case involved Frierson Building Supply Company seeking to collect on an Arkansas judgment against Best Construction Company and to enforce a materialmen's lien for building supplies against property of Susan McDonald, while also challenging an assignment of a related deed of trust to Pritchard Investment Fund on grounds that the assignee was not a legal entity and that the assignment was made with knowledge of the debt and without full consideration. The chancery court granted McDonald a credit on the mortgage debt, required payment of the lien amount, and allowed Pritchard Investment Fund to retain the assignment after finding it had paid substantial value. The Mississippi Supreme Court affirmed, concluding that the chancellor's decision was supported by substantial evidence, that no actual fraud was shown, and that principles from prior case law on constructive fraud in corporate transactions justified upholding the result.

propertybusiness & regulatory

This case concerns the Mississippi State Highway Commission's efforts to condemn an easement across land owned by the Morgans to provide substitute access to a public road for a neighboring landowner, Keller, whose property was taken for the construction of Interstate Highway 59. In a prior related proceeding, the Commission’s initial condemnation attempt was blocked because the proposed easement did not connect to any property right held by Keller. Following that ruling, the Commission passed a new resolution and filed an amended petition seeking to extend the easement fully to the public road. The court held that the Commission could proceed with the condemnation, determining that the taking served a public purpose by restoring access lost due to the highway project and did not constitute an abuse of discretion. A dissent argued that the primary benefit was private rather than public and that the condemnation therefore violated constitutional limits on eminent domain.

propertyprocedure