Opinion
No. 39976.
February 27, 1956.
1. Appeal — death penalty case — submitted on record — Supreme Court — duty to see that defendant received fair and impartial trial.
Where no assignment of errors or brief was filed in appeal case from murder conviction where death penalty was involved, Supreme Court would neither dismiss appeal nor affirm conviction until it examined record to see that defendant received a fair and impartial trial.
2. Homicide — extent of punishment — jury question.
Extent of punishment upon conviction was for jury to determine.
Headnotes as approved by Arrington, J.
APPEAL from the Circuit Court of Hinds County; M.M. McGOWAN, Judge.
Submitted on record.
The appellant, James Russell, was indicted, tried and convicted in the Circuit Court of the Second Judicial District of Hinds County for the murder of Alberta Carroll Russell, his wife.
(Hn 1) The case has been appealed to this Court and no assignment of errors or brief has been filed. Under the policy of this Court, before we dismiss an appeal or affirm a conviction where the death penalty is involved, we examine the record to see that the appellant received a fair and impartial trial. An examination of the evidence and the instructions fails to reveal reversible error, if error at all. (Hn 2) The appellant was found guilty of an atrocious murder, and the extent of punishment upon conviction was for the jury's determination. The judgment and sentence of death by the court below is affirmed, and Thursday, April 5, 1956, is fixed as the date for its execution.
Affirmed and Thursday, April 5, 1956, fixed as the date of appellant's execution.
All justices concur, except Kyle, J., who took no part.