Lott v. State
Mississippi Supreme Court
Fbom tbe circuit court of, first district, Carroll county. HoN. William F. SteveNS, Judge. Lott, appellant, was indicted, tried and convicted of an assault with intent to kill and murder one George Dodge, and appealed to the supreme court. The facts were as follows: Adolphus Lott, George Dodge and several other negroes were playing a crap game.
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Fbom tbe circuit court of, first district, Carroll county. HoN. William F. SteveNS, Judge. Lott, appellant, was indicted, tried and convicted of an assault with intent to kill and murder one George Dodge, and appealed to the supreme court. The facts were as follows: Adolphus Lott, George Dodge and several other negroes were playing a crap game. A dispute arose, causing Lott and Dodge to engage in fisticuffs, from which Lott retreated, going hurriedly into a nearby dwelling house for a gun. Dodge, suspecting the purpose of Lott, ran in the direction of a sandhouse — a large and substantial…
1Opinion of the CourtCalhoon, J.
From a careful examination of this record, we think it plainly manifest that both the shots fired by Lott were fired when he did not see and could not have seen Dodge, because a sandhouse intervened between them. It being, therefore, impossible that he could have hit him, or seen Kim to fire at him, we cannot hold that he committed an assault with intent to kill and murder; and so, notwithstanding Lott’s bad conduct, the case is reversed and remanded.
Reversed.
2Cited by3 opinions
- Porter v. StateMississippi Supreme Court · 1993
- Stokes v. StateMississippi Supreme Court · 1908
- State of Arizona v. HanksArizona Supreme Court · 1941