Porter v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Tallahatchie County. Hon. Sam. Power, Judge. The instruction asked should have been given. The evidence being insufficient to prove the offence charged, it was competent for the court so to instruct the jury. Perry v. Clarke, 5 How. 495; Frizell v. White, 27 Miss. 198; Garnett v. Kirlc-man, 38 Miss. 389. Where the pistol is charged to have been loaded with a bullet, that fact must be proved or the defendant acquitted.
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Appeal from the Circuit Court of Tallahatchie County. Hon. Sam. Power, Judge. The instruction asked should have been given. The evidence being insufficient to prove the offence charged, it was competent for the court so to instruct the jury. Perry v. Clarke, 5 How. 495; Frizell v. White, 27 Miss. 198; Garnett v. Kirlc-man, 38 Miss. 389. Where the pistol is charged to have been loaded with a bullet, that fact must be proved or the defendant acquitted. Vaughan v. State, 3 S. & M. 553; Hughes’s Case, 5 Car. & P. 126; 1 Arch. Crim. Pr. 888; 2 Bish. Crim. Pr. § 638. Further, the facts in evidence…
1Opinion of the CourtGeorge, C. J.
The plaintiff in error was indicted for an assault with intent to murder by shooting at one Bloodworth, the prosecutor, with a pistol loaded with gunpowder and leaden bullets. The evidence showed an altercation between the plaintiff in error and the prosecutor, in which, after an insulting epithet had been applied by the prosecutor to the prisoner, the latter immediately fired a pistol at the prosecutor. The shooting did not take effect on the prosecutor, nor did he hear a bullet in its passage through the air. No mark made by a bullet was found until two days afterwards, when such mark was…
2Cited by4 opinions
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