Martin v. Minor
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The opinion of the court contains a sufficient statement of the case. Evidence of provocation in mitigation of damages or in justification of an assault, must show that it was recent, and that sufficient time from the provocation to the assault did not elapse to allow the passions excited thereby to cool.
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Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The opinion of the court contains a sufficient statement of the case. Evidence of provocation in mitigation of damages or in justification of an assault, must show that it was recent, and that sufficient time from the provocation to the assault did not elapse to allow the passions excited thereby to cool. Therefore the evidence of provocation given sometime before the assault was inadmissable and should have been excluded. 2 Greenl. Ev., 93; 33 N. J. Law, 96; 17 Mo., 537 ; 17 Iowa, 468; 5 ib., 478 ; 3 Cold. (Tenn.),…
1Opinion of the Court
Peyton, G. J.,
delivered the opinion of the court:
This was an action brought by the plaintiff in error against the-defendants in error, to recover damages for an assault and battery, alleged to have been committed in January, 1872. The defendants pleaded the general issue, with notice of special matter to be given in evidence, under that plea.
The cause was tried upon this issue, and the jury found for the plaintiff, and assessed his damage to five dollars. And from the judgment rendered upon this verdict, the case comes here for revision;
The first error assigned is the overruling of the…
2Cases cited3 opinions
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