Strickland v. State
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Strickland, the appellant, was indicted, tried, and convicted in the court below for the murder of one Cal Thompson; sentenced to death and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Defendant was in his own home and was unlawfully assaulted therein.
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From the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Strickland, the appellant, was indicted, tried, and convicted in the court below for the murder of one Cal Thompson; sentenced to death and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Defendant was in his own home and was unlawfully assaulted therein. Section 23 of the state constitution provides that the “people shall be secure in their homes and possessions from unreasonable seizure and search; and no warrant shall be issued without probable cause, supported by oath or…
1Opinion of the CourtTerral, J.
The appellant being convicted of murder, and being sentenced to be hanged, assigns error in the proceedings against him.
Four persons came to his home somewhat late at night, two of them armed, declaring they came to arrest him, and upon *136seeing him, demanded that he throw up his hands, when he fired upon them, and one of them was killed. His counsel claim that if he fired upon his assailants because of being unlawfully restrained of his liberty he is only guilty of manslaughter, and that at least his contention in this respect should have been placed before the jury. This contention is, we…
2Cited by3 opinions
- Rester v. StateMississippi Supreme Court · 1916
- Martin v. StateMississippi Supreme Court · 1916
- Lackey v. StateMississippi Supreme Court · 1951