Lanier v. State
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young-, Judge. made an oral argument and filed a brief. Lanier’s purpose in firing was to frighten Slaughter, not to kill him. The want of intent disproves the criminal character of the act. Accidental appearances of an assault afford no more than ground for a civil suit for damages. 2 Bish. Crim.
Read the full summary
Error to the Circuit Court of Warren County. Hon. Upton M. Young-, Judge. made an oral argument and filed a brief. Lanier’s purpose in firing was to frighten Slaughter, not to kill him. The want of intent disproves the criminal character of the act. Accidental appearances of an assault afford no more than ground for a civil suit for damages. 2 Bish. Crim. Law, §§ 23, 32. We cannot assume, in this case, that the jury found an intentional assault, and yet found it to be without felonious intent, for there is nothing in the evidence to warrant such conclusion. They did not find that the shots…
1Opinion of the CourtGeorge, C. J.
The plaintiff in error was indicted for an assault with intent to 'commit murder, and convicted by the jury of a com*104mon assault. He moved below for a new trial, which was refused, and then moved to arrest the judgment, which the court also refused to do. Hence this writ of error. It is necessary to set out the evidence, in order to understand the objections to the action of the Circuit Court. It was substantially proved that Wash Slaughter, the prosecutor, went with another person into Bazinsky’s store in the city of Vicksburg, with the view of getting some money changed; and, as he passed…
2Cases cited2 opinions
- State v. ShepardSupreme Court of Iowa · 1859
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
3Cited by9 opinions
- State ex rel. Pitts v. Nashville Baseball ClubTennessee Supreme Court · 1912
- State v. O'NeilSupreme Court of Iowa · 1910
- Powers v. StateMississippi Supreme Court · 1903
- State v. MatthewsTennessee Supreme Court · 1920
- Blankenship v. StateMississippi Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.