Evans v. State
Mississippi Supreme Court
Error to the circuit court of DeSoto county. EisheR, J. The testimony sufficiently appears in the opinion of the court. The following- charges were given for the state: 1st. To make a homicide justifiable, on the ground of self-defense, the danger must be either actual, present and urgent, or the slayer must have reasonable grounds to apprehend a design on the part of the deceased to commit a felon}*-, or to do him some great bodily harm, and that there was imminent danger…
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Error to the circuit court of DeSoto county. EisheR, J. The testimony sufficiently appears in the opinion of the court. The following- charges were given for the state: 1st. To make a homicide justifiable, on the ground of self-defense, the danger must be either actual, present and urgent, or the slayer must have reasonable grounds to apprehend a design on the part of the deceased to commit a felon}*-, or to do him some great bodily harm, and that there was imminent danger of such design being accomplished, and hence the mere fear of apprehension or belief, however sincerely substantiated by…
1Opinion of the Court
SlMRALL, J.:
ist. Did the court err in excluding from the jury the testimony of the witness, Buck, which was to the effect, that deceased came to his store sometime before the killing, either drunk or much excited, and said he had had a difficulty with John Evans, the' accused, and had run him off. Witness replied, John Evans is a dangerous negro to run against. Deceased said if John Evans fooled with him he would kill him,, and applied to buy buckshot. From three to six weeks before the homicide, these threats were communicated to John. In the interview, Henry said the “ fuss” had been made…
2Cases cited2 opinions
- Cotton v. StateMississippi Supreme Court · 1872
- McClanahan v. BarrowMississippi Supreme Court · 1854
3Cited by34 opinions
- Garner v. StateSupreme Court of Florida · 1891
- State v. CainWest Virginia Supreme Court · 1882
- Roberts v. StateSupreme Court of Alabama · 1880
- Flowers v. StateMississippi Supreme Court · 1985
- Hawthorne v. StateMississippi Supreme Court · 1881
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