Aldrige v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Tippah County. Hon. J. W. G. Watson, Judge. At the trial, under this indictment for an assault with intent to commit murder, the court, upon the evidence set forth in the opinion, gave the following, among other charges, for the State : (5) “ In cases of mutual combat, if one party enters into the contest dangerously armed, and fights under an undue advantage, and kills his adversary, such killing will be murder ; and, if the jury believe…
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Appeal from the Circuit Court of Tippah County. Hon. J. W. G. Watson, Judge. At the trial, under this indictment for an assault with intent to commit murder, the court, upon the evidence set forth in the opinion, gave the following, among other charges, for the State : (5) “ In cases of mutual combat, if one party enters into the contest dangerously armed, and fights under an undue advantage, and kills his adversary, such killing will be murder ; and, if the jury believe from the evidence that Levi Aldrige, the defendant, entered into a mutual fight with D. S. Thomas, having upon his person…
1Opinion of the CourtChalmers, C. J.
The appellant was indicted for an assault with intent to murder one D. S. Thomas, and convicted of an assault and battery. The verdict is supported by the testimony of Thomas alone, that of all the other witnesses making out a case of self-defence. The difficulty occurred at a social gathering. The appellant, while engaged in the house in some innocent diversion, was called out by Thomas in an angry manner and accused of having circulated lies to his detriment. Angry words ensued, and presently Thomas, according to his own admissions, struck the appellant in the face. The blow was repeated ;…
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