Legal Opinion

Hill v. State

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 20 opinions

From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. •Hill, the appellant, was indicted and tried for the murder of one Samuel Green, was convicted of manslaughter and sentenced to the penitentiary for a term of four years, and appealed to the supreme court. The opinion sufficiently states the facts. The deceased was a negro of great physical strength, while the appellant is a man of comparatively small size.

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From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. •Hill, the appellant, was indicted and tried for the murder of one Samuel Green, was convicted of manslaughter and sentenced to the penitentiary for a term of four years, and appealed to the supreme court. The opinion sufficiently states the facts. The deceased was a negro of great physical strength, while the appellant is a man of comparatively small size. The evidence showed that the deceased was a man of violent character and, although at the time of the homicide he had no weapon, it ivas a matter of common knowledge in…

1Opinion of the CourtWiiitpield, C. J.

The testimony in this case shows that the deceased, Sam Green, was physically “twice as stout, and strong” a man as the appellant, and that he was also a man of vindictive and violent -character. It is also shown that he had made a wholly unwarranted attack upon the appellant the evening before the killing, ■and that he was the aggressor in the difficulty in which he was killed. The testimony further shows that the appellant was a •small man, incapable of coping with deceased physically, and that appellant was a man of good reputation, and was endeavoring all the time to avoid a difficulty…

2Cited by20 opinions

  1. State v. RaderOregon Supreme Court · 1919
  2. Evans v. StateMississippi Supreme Court · 2000
  3. Holland v. MARTINMississippi Supreme Court · 1952
  4. State v. JenningsMontana Supreme Court · 1934
  5. Howard v. StateMississippi Supreme Court · 1938

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