Hairston v. State
Mississippi Supreme Court
Error to the Circuit Court of Lowndes County. Hon. James S. Hamm, Judge. 1. The defendant, Wilson Hairston, was guilty of unlawfully exhibiting a deadly weapon; the other defendants were guilty of nothing. To fix on Wilson Hairston the offence of an assault witb intent to commit murder, it must have been shown that a loaded pistol was pointed by him within shooting distance.
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Error to the Circuit Court of Lowndes County. Hon. James S. Hamm, Judge. 1. The defendant, Wilson Hairston, was guilty of unlawfully exhibiting a deadly weapon; the other defendants were guilty of nothing. To fix on Wilson Hairston the offence of an assault witb intent to commit murder, it must have been shown that a loaded pistol was pointed by him within shooting distance. Vaughan’s Case, 3 S. & M. 553. The exhibition of a pistol is not prima facie evidence of intent to kill, but may be shooting in a highway, Code 1871, § 2870; or hunting on Sunday, Code 1871, § 2683; or exhibiting a deadly…
1Opinion of the CourtChalmers, J.
Wilson Hairston, in company with others, attempted to remove the personal effects of a laborer from the plantation of his employer, Richards, in defiance of the latter’s orders. Richards, having made advances of money or provisions to the laborer, forbade the removal of his household furniture until he was repaid. In disregard of these orders, Wilson Hairston was driving the wagon containing the furniture *692from Richards’s plantation, when the latter attempted to stop tire wagon, saying to Hairston that the laborer, Charles Johnston, must not move until he had settled the debt, at the same time…
2Cases cited1 opinion
- Smith v. StateMississippi Supreme Court · 1872
3Cited by23 opinions
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- People v. ConnorsIllinois Supreme Court · 1912
- United States v. Teddy Arnold Charles Robinson Darrel Jones David Valentine Paul Scaglione and Jeffrey Drake, Francois Holloway A/K/A Abdu AliCourt of Appeals for the Second Circuit · 1997
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