State V. Mouzon Case Study

Between the hours of 7:00 and 8:00 pm on Saturday, June 2nd, 1956, a pedestrian by the name of Margaret Allen Coker was hit and killed by a 1955 Chevrolet automobile. The appellants Ben Mouzon and John Bryant, Jr. were riding in the front seat of the vehicle, however, there is a disagreement as to which one of the men was driving. Both men were indicted on charges. Mouzon was convicted of murder with a recommendation to mercy and given a life sentence. John Bryant, Jr. was convicted of accessory after the fact of murder and received a five-year prison sentence. Out of the two men, Ben Mouzon was the only one to appeal his sentence.
Issue
The issue before the court: (1) that the evidence is insufficient to support the verdict; (2) that there was error in refusing a motion for a change of venue; (3) that an alleged confession by him was improperly admitted; (4) that the Court erred in allowing the testimony of his co-defendant, John Bryant, Jr., to be considered against him; (5) that the Court erred in permitting the jury to separate overnight on the last day of the trial; and (6) that there were certain erroneous instructions. (Law Justia: State v. Mouzon (1957), n.d.)
Holding
The conduct of the driver was such as to imperil human life. Although it may be fairly assumed there was no actual intent to kill or injure another, there is evidence of such recklessness and wantonness as to indicate a depravity of mind and disregard of human life, from which a jury could infer