I. The evidence supports the verdict of the jury. Black v. State, 231 Miss. 191, 94 So.2d 925; Bolin v. State, 209 Miss. 866, 48 So.2d 581; Cobb v. State, 233 Miss. 54, 101 So.2d 110; Conway v. State, 177 Miss. 461, 171 So. 16; Universal Truck Loading Co. v. Taylor, 178 Miss. 143, 172 So. 756; Woods v. State, 229 Miss. 563, 91 So.2d 273. II. Overruling the appellant's motion for a new trial on the ground that the jury was not kept separated was not reversible error.
1974); Johnson v. State, 230 So.2d 810 (Miss.1970); Cobb v. State, 233 Miss. 54, 101 So.2d 110 (1958); Golden v. State, 223 Miss. 649, 78 So.2d 788 (1955)) (citations omitted). ¶ 19.
1974); Johnson v. State, 230 So. 2d 810 (Miss. 1970); Cobb v. State, 233 Miss. 54, 101 So. 2d 110 (1958); Golden v. State, 233 Miss. 649, 78 So. 2d 788 (1955)) (citations omitted). ¶19. When determining whether to allow the lesser-included-offense instruction, the trial court improperly stated that there was evidentiary support that Nolan's head injury was caused by the bottle alone.
1974); Johnson v. State, 230 So.2d 810, 811 (Miss. 1970); Cobb v. State, 233 Miss. 54, 101 So.2d 110, 112 (1958); Golden v. State, 223 Miss. 649, 78 So.2d 788, 791 (1955); Gray v. State, 220 Miss. 220, 70 So.2d 524, 525 (1954); Smith v. State, 49 So.2d 244, 245 (Miss. 1950); Lott v. State, 130 Miss. 119, 93 So. 481, 481-482 (1922); Saffold v. State, 76 Miss. 258, 24 So. 314, 315 (1898).
1974); Johnson v. State, 230 So.2d 810 (Miss. 1970); Cobb v. State, 233 Miss. 54, 101 So.2d 110 (1958); Golden v. State, 223 Miss. 649, 78 So.2d 788 (1955); Gray v. State, 220 Miss. 220, 70 So.2d 524 (1954); Smith v. State, 49 So.2d 244 (Miss. 1950); Bolin v. State, 209 Miss. 866, 48 So.2d 581 (1950); Lott v. State, 130 Miss. 119, 93 So. 481 (1922); Saffold v. State, 76 Miss. 258, 24 So. 314 (1898).
The evidence on behalf of the State cannot be safely accepted. Cobb v. State, 233 Miss. 54, 101 So.2d 110 (1958). Reversed and remanded.
Johnson v. State, 230 So.2d 810 (Miss. 1970) "Shoe clad foot" case; Cobb v. State, 233 Miss. 54, 101 So.2d 110 (1958); Golden v. State, 223 Miss. 649, 78 So.2d 788 (1955); Gray v. State, 220 Miss. 220, 70 So.2d 524 (1954); Smith v. State, 49 So.2d 244 (Miss. 1950); Bolin v. State, 209 Miss. 866, 48 So.2d 581 (1950); Lott v. State, 130 Miss. 119, 93 So. 481 (1922); Saffold v. State, 76 Miss. 258, 24 So. 314 (1898).
I. The evidence is insufficient to support the verdict. Cobb v. State, 233 Miss. 54, 101 So.2d 110; Davis v. State, 132 Miss. 448, 96 So. 307; Holifield v. State, 132 Miss. 446, 96 So. 306; Johnson v. State, 213 Miss. 808, 58 So.2d 6; Richardson v. State, 196 Miss. 560, 17 So.2d 799; Rogers v. State, 204 Miss. 891, 36 So.2d 155; Upton v. State, 192 Miss. 339, 6 So.2d 130. II. The lower court committed prejudicial error in allowing Wayne Lambert to testify over objection that Paulette Davis told him appellant had "bothered her". Anderson v. State, 82 Miss. 784, 35 So. 202; Ashford v. State, 81 Miss. 414, 33 So. 174; Barnes v. State, 164 Miss. 126, 143 So. 475; Character v. State, 212 Miss. 30, 53 So.2d 41; Clark v. State, 124 Miss. 841, 87 So. 286; Conn v. State, 228 Miss. 833, 89 So.2d 840; Frost v. State, 100 Miss. 796, 57 So. 221; Lauderdale v. State, 227 Miss. 113, 85 So.2d 822; Lewis v. State, 183 Miss. 192, 184 So. 53; Redding v. State, 211 Miss. 855, 53 So.2d 7; 20 Am. Jur., Sec. 570 p. 483; 44 Am. Jur., Sec. 83 p. 953; 22 C.J.S., Sec. 734 p. 1258.