Lizana v. Lang
Mississippi Supreme Court
Prom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Lizana, appellant, was plaintiff in the court below; Lang, appellee, was defendant there. Prom a judgment in favor of defendant, plaintiff appealed to the supreme court. Lang was mayor, and Lizana deputy marshal of Pass Christian.
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Prom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Lizana, appellant, was plaintiff in the court below; Lang, appellee, was defendant there. Prom a judgment in favor of defendant, plaintiff appealed to the supreme court. Lang was mayor, and Lizana deputy marshal of Pass Christian. Lang was presiding in the municipal court when a party charged with some infraction of law asked a continuance, tendering a bail bond in the penalty of $100, signed by Lizana ás a surety. Lang stated in open court that the bond was worthless, and that in any event its penalty should be $250.…
1Opinion of the CourtMayes, J.
The trial court erred in giving the first and third instructions asked by defendant.
By the first instruction the jury are told that “if they believe from the evidence that Lizana waited for Lang to come out of the town hall for the purpose of provoking a difficulty, and that when Lang came out Lizana accosted him and began a quarrel, and that Lizana, during the course of the quarrel, challenged Lang for a fight, and that Lizana was then armed with a deadly weapon, and that Lang thereupon immediately armed himself and accepted the challenge, and the blow was struck by Lang in an altercation…
2Cited by8 opinions
- Anderson v. JenkinsMississippi Supreme Court · 1954
- Milliken v. HeddesheimerOhio Supreme Court · 1924
- Colby v. McClendonSupreme Court of Oklahoma · 1922
- Martin v. Hardesty, Admr.Indiana Court of Appeals · 1928
- Western Union Telegraph Co. v. StacyMississippi Supreme Court · 1932
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