Holly v. State
Mississippi Supreme Court
Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. The case is stated in the opinion of the court. 1. A calm consideration of the testimony offered by the defense, and excluded, will, it is confidently believed, satisfy any one that Holly was fully justified in self-defense to do what he did. May one ever anticipate his enemy, and kill him? Yes, if necessary to protect himself under the circumstances.
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Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. The case is stated in the opinion of the court. 1. A calm consideration of the testimony offered by the defense, and excluded, will, it is confidently believed, satisfy any one that Holly was fully justified in self-defense to do what he did. May one ever anticipate his enemy, and kill him? Yes, if necessary to protect himself under the circumstances. Long v. The State, 52 Miss. 26-38. 2. The court should have allowed the jury to consider the threats made by Fahy against the defendant, and communicated to him, in…
1Opinion of the CourtChalmers, J.
John Need Holly was convicted of an assault and battery, in shooting and slightly wounding one Fahy, and sentenced to fine and imprisonment in the county jail. At the time of the shooting, Fahy was sitting on an empty box in front of a store-house, conversing with some friends. Holly approached him and demanded to know whether ‘ ‘ he intended to pursue that difficulty further.” Fahy asked, “ What difficulty?” to *428which Holly responded, “ You know very well what difficulty.” Fahy answered, i£ I desire no difficulty with you, Johnny, and I am not armed.” The last remark was caused by seeing each…
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