Legal Opinion

Hunt v. State

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 6 opinions

FROM the circuit court of Desoto county. HoN. Eugene JohnsoN, Judge. Appellant, Hunt, has been convicted of murder and sentenced to be hanged. Briefly stated, the circumstances of the killing were as follows: Deceased, John Scott,-married appellant’s daughter, and afterwards had frequent quarrels with her. On the night of the killing Hunt went to the home of Scott, after Scott and his wife had retired, and called Scott, and told him that he had come to whip him.

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FROM the circuit court of Desoto county. HoN. Eugene JohnsoN, Judge. Appellant, Hunt, has been convicted of murder and sentenced to be hanged. Briefly stated, the circumstances of the killing were as follows: Deceased, John Scott,-married appellant’s daughter, and afterwards had frequent quarrels with her. On the night of the killing Hunt went to the home of Scott, after Scott and his wife had retired, and called Scott, and told him that he had come to whip him. Hunt was profane and abusive, but Scott asked him to leave the house, and stated that he did not wish a difficulty, and that he and…

1Opinion of the CourtWhitfield, J.

The first and second charges asked by the defendant informed the jury that, to deprive the defendant of the right of self-defense, he must have procured the pistol, intending at the time he procured it to bring on the difficulty, and use the pistol in the difficulty in overcoming or slaying the deceased if necessary. These instructions, as asked, are incorrect. It is not necessary, to take away the right of self-defense in such case, that the defendant should intend to use the pistol to overcome or slay his adversary. It is enough if he intends to use it in committing upon the deceased great…

2Cases cited4 opinions

  1. Long v. StateMississippi Supreme Court · 1876
  2. Thomas v. StateMississippi Supreme Court · 1883
  3. Wood v. StateMississippi Supreme Court · 1887
  4. Cannon v. StateMississippi Supreme Court · 1879

3Cited by6 opinions

  1. Pitts v. StateMississippi Supreme Court · 1951
  2. Ross v. StateMississippi Supreme Court · 1930
  3. Durham v. StateMississippi Supreme Court · 1930
  4. King v. StateMississippi Supreme Court · 1896
  5. Lewis v. StateMississippi Supreme Court · 1940

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