Legal Opinion

Mosely v. Jamison

Mississippi Supreme Court

Decided October 15, 1888PublishedCited by 1 opinion

Appeal from the circuit court of Chickasaw county, first district. Hon. J. W. Buchanan, Judge. Appellant, Mosely, brought an action against appellee, Jamison, claiming damages for personal injuries sustained by him by reason of his having been unlawfully shot and wounded by appellee.

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Appeal from the circuit court of Chickasaw county, first district. Hon. J. W. Buchanan, Judge. Appellant, Mosely, brought an action against appellee, Jamison, claiming damages for personal injuries sustained by him by reason of his having been unlawfully shot and wounded by appellee. The shooting occurred during the trial before one White, mayor of Houston, of appellee Jamison, who was arraigned for trial upon a charge of assault and battery, and at which trial appellant, Mosely, at the instance of the injured person, appeared as attorney for the prosecution. It is unnecessary to a proper…

1Opinion of the CourtCampbell, J.

The judgment must be reversed, because of the-exclusion by the court of the testimony of E. A. White, a witness for the plaintiff, as to the beginning of the rencontre between the plaintiff and the defendant out of which this action arose.

The plaintiff produced evidence of his having been shot and injured by the defendant without disclosing th'e particulars of the shooting, and having shown the extent of his injuries and damages, rested, when the defendant introduced evidence to justify his shooting the plaintiff.

After the defendant had closed his evidence, White was introduced and asked as…

2Cited by1 opinion

  1. Keel v. StateMississippi Supreme Court · 1923

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