# Cabello v. State

> Mississippi Supreme Court · May 1, 1985 · 471 So. 2d 332

URL: https://www.frixlaw.com/law-library/cases/9944240

## Case

- **Full name:** Frank J. Cabello, Sr. v. State of Mississippi.
- **Court:** Mississippi Supreme Court
- **Decided:** May 1, 1985
- **Citations:** 471 So. 2d 332
- **Precedential status:** Published
- **Opinion:** Dissent by Hawkins
- **Judges:** Hawkins, Patterson, Robertson
- **Cited by:** 324 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9944240

## How later opinions describe it (automated extraction)

- holding that argument about facts not in evidence is impermissible
- finding strangulation was heinous atrocious and cruel

## Opinion text

I have consistently urged this Court that every accused in a capital murder case is entitled to have the jury instructed that, irrespective of the proof, it has the discretion to return a verdict of life imprisonment.
While these efforts have been unavailing, it is my view this is a principle so deeply imbedded in the history of judicial decisions in our state, we should adhere to it. Respectfully, therefore, I again dissent from the majority's affirming on this assignment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9944240. Public record. Not legal advice.