Gerdine v. State
Mississippi Supreme Court
Appeal-from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. Antoinette Gerdine was indicted upon a charge of assault with intent to kill and murder Dinah Perkins. The testimony of Dinah Perkins, supported in part by other witnesses for the State, tended to show that the accused had, without provocation, assaulted Dinah Perkins with a knife and seriously.and dangerously wounded her.
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Appeal-from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. Antoinette Gerdine was indicted upon a charge of assault with intent to kill and murder Dinah Perkins. The testimony of Dinah Perkins, supported in part by other witnesses for the State, tended to show that the accused had, without provocation, assaulted Dinah Perkins with a knife and seriously.and dangerously wounded her. The accused testified as follows : “ On the evening of the difficulty in question I had an engagement to meet Mr. George Harrell at the big gate leading out of the Camp yard into Main Street. I tried to…
1Opinion of the CourtCampbell, J.
The instruction numbered 16, and asked by the accused, should have been given. It correctly states the law as applied to the facts testified to by the accused, and should have been preferred over several which were given. Its refusal was not justified by the giving of the third, eighth, and eleventh for the defendant, the two first of which might have been properly refused if it had been given. The reason that the third given for the accused did not fill the place of the sixteenth is that it couples the proposition as to the threats with its other proposition, and requires the belief of both…
2Cases cited1 opinion
- Aldrige v. StateMississippi Supreme Court · 1881
3Cited by4 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Bates County v. WillsCourt of Appeals for the Eighth Circuit · 1917
- Western Union Tel. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1900
- Gooch v. StateMississippi Supreme Court · 1946