State ex rel. Johnson v. Cunningham
Mississippi Supreme Court
Appeal from the circuit court of Prentiss county. Hon. J. H. Mitchell, Judge. Suit by the state for the use of John A. Johnston, and others against W. W. Cunningham and others. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Prentiss county. Hon. J. H. Mitchell, Judge. Suit by the state for the use of John A. Johnston, and others against W. W. Cunningham and others. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Appellees’ argument seems to be based upon the idea that the phrase in the declaration, viz.: “Fired his pistol at and towards the said Johnston,” must be met by proof on our part, that the sheriff actually fired his pistol directly at and towards the boy who was killed; and that proof that the pistol was fired to…
1Opinion of the Court
Reed, J.,
delivered the. opinion of the court.
Appellants, the parents and brothers of Frank Johnston, brought suit against appellees, W. W. Cunningham, the sheriff of Prentiss county, and the sureties on his official bond, for the full penalty of the bond, claimed as damages for the wrongful death of Frank Johnston, who was shot and killed by the sheriff. Frank Johnston, when killed, was twenty years old. He was a hunci hack, carrying his head tilted far back and a little to one side, and was five feet high. On Sunday, September 18, 1.910, at a church meeting in the country, called an £ ‘ all…
2Cases cited1 opinion
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