Windham v. State
Mississippi Supreme Court
From tbe circuit court of Smith county. Iíon. Robert L. Bullard, Judge. Windham, appellant, was indicted and tried for the murder of Saloney Ainsworth; was convicted of manslaughter, and sentenced to the penitentiary for a term of six years and appealed to the supreme court. The opinion of .the court states the facts.
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From tbe circuit court of Smith county. Iíon. Robert L. Bullard, Judge. Windham, appellant, was indicted and tried for the murder of Saloney Ainsworth; was convicted of manslaughter, and sentenced to the penitentiary for a term of six years and appealed to the supreme court. The opinion of .the court states the facts. The second instruction for the state, referred to in the opinion, ■was as follows: “ The court charges the jury, for the state, that even though they should believe that Coon Ainsworth, the father of the deceased, was the aggressor in the difficulty which resulted in the death…
1Opinion of the CourtCalhoon, J.
This is an exceedingly close case on the facts. It seems to us very doubtful whether the shot fired by-the appellant was the shot which killed the deceased, Saloney Ainsworth. It appears to us from this record that the father of the deceased commenced the difficulty by a deadly assault on appellant, and that his family and adherents were near by, and that he and appellant, Windham, were in this deadly encounter, brought on by Coon Ainsworth, the father of the deceased, when the father of the appellant.called, “Look out, Anse! Saloney is coming on you with a knife,” when the appellant turned…
2Cited by12 opinions
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- Hartfield v. StateMississippi Supreme Court · 1939
- Abney v. StateMississippi Supreme Court · 1920
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