Sinclair v. State
Mississippi Supreme Court
Prom the circuit court of Pike county. Hon. Moyse IT. Wilkinson, Judge. Sinclair, the appellant, was indicted for manslaughter, tried, convicted, and appealed to tbe supreme court. The facts are sufficiently stated in the opinion of the court. . The threat made was that he (Johnson, the deceased) intended to take Sinclair’s pistol away from him and beat him to death. This evidence was clearly admissible, although the threat had not been communicated to the defendant.
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Prom the circuit court of Pike county. Hon. Moyse IT. Wilkinson, Judge. Sinclair, the appellant, was indicted for manslaughter, tried, convicted, and appealed to tbe supreme court. The facts are sufficiently stated in the opinion of the court. . The threat made was that he (Johnson, the deceased) intended to take Sinclair’s pistol away from him and beat him to death. This evidence was clearly admissible, although the threat had not been communicated to the defendant. Abbott’s Trial Brief Criminal Causes, sec. 316, p. 582. Under the facts in this case it is peculiarly admissible, for the…
1Opinion of the CourtCali-ioon, J.
Appellant ivas indicted for manslaughter and convicted. He was a peace officer of McConib Oity, and the homicide occurred while he was in the effort to arrest Johnson, the man killed, for a misdemeanor being committed in his presence, which arrest was, as it is said, being resisted by the deceased. .The offense being committed was profane swearing in the presence of others, some of them ladies, on a public sidewalk of the city. In the effort to arrest and the resistance of it, there was, at some period of it, a grappling of the two, and at some period of the altercation each drew a pistol. As…
2Cases cited8 opinions
- State v. GrateSupreme Court of Missouri · 1878
- Foster v. StateMississippi Supreme Court · 1893
- Coleman v. StateMississippi Supreme Court · 1882
- Prine v. StateMississippi Supreme Court · 1896
- Holly v. StateMississippi Supreme Court · 1877
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3Cited by4 opinions
- People v. WoodsMichigan Supreme Court · 1919
- Echols v. StateMississippi Supreme Court · 1911
- Valent v. StateSupreme Court of Delaware · 1927
- Williams v. StateMississippi Supreme Court · 1919