Legal Opinion

Hawthorne v. State

Mississippi Supreme Court

Decided April 15, 1884PublishedCited by 5 opinions

Appeal from the Circuit Court of Warren County. Hon. Warren Cowan, Judge. The facts are stated in the opinion. The only question I will notice in this case is that of the exclusion of the testimony offered in the lower court respecting threats of personal violence made by the deceased against the prisoner before the killing, and especially the threat made in Ryan’s store a short time before the encounter and immediately communicated to the prisoner.

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Appeal from the Circuit Court of Warren County. Hon. Warren Cowan, Judge. The facts are stated in the opinion. The only question I will notice in this case is that of the exclusion of the testimony offered in the lower court respecting threats of personal violence made by the deceased against the prisoner before the killing, and especially the threat made in Ryan’s store a short time before the encounter and immediately communicated to the prisoner. I recognize the rule that such evidence is admissible only where there is testimony of .an overt act. But the court, in undertaking to exclude…

1Opinion of the Court

Cooper, J.,

delivered .the opinion of the court.

There is great conflict between the evidence on the part of the State and that for the defendant in relation to the circumstances surrounding the homicide. According to the testimony of some of the witnesses for the State, the deceased, without provocation on his part, was set upon by the appellant and wantonly and barbarously murdered while attempting to save his life by flight; by other witnesses for the State it is said that the deceased was exceedingly insulting to the appellant; but all the State’s witnesses concur in the declaration that he…

2Cases cited9 opinions

  1. Keener v. StateSupreme Court of Georgia · 1855
  2. Wiggins v. PeopleSupreme Court of the United States · 1876
  3. People v. ArnoldCalifornia Supreme Court · 1860
  4. Guice v. StateMississippi Supreme Court · 1883
  5. Kendrick v. StateMississippi Supreme Court · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Wilson v. StateSupreme Court of Florida · 1892
  2. State v. WootenSupreme Court of Louisiana · 1915
  3. Johnson v. StateMississippi Supreme Court · 1888
  4. Salmon v. StateMississippi Supreme Court · 1928
  5. Self v. StateMississippi Supreme Court · 1937

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