Fore v. State
Mississippi Supreme Court
Fkom the circuit court of Lincoln county. Hon. Robert Powell, Judge. John P. Fore, the appellant, was indicted, tried, and convicted for the murder of one Erastus Matthews, and, having been sentenced to the penitentiary for life, appealed. The evidence showed that the parties had been enemies .for years, and each had made threats to kill the other; but the court below, on motion of the state, ruled out the evidence showing the threats made by Matthews.
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Fkom the circuit court of Lincoln county. Hon. Robert Powell, Judge. John P. Fore, the appellant, was indicted, tried, and convicted for the murder of one Erastus Matthews, and, having been sentenced to the penitentiary for life, appealed. The evidence showed that the parties had been enemies .for years, and each had made threats to kill the other; but the court below, on motion of the state, ruled out the evidence showing the threats made by Matthews. They were farmers, and resided within three or four miles of each other. Fore’s eyesight was defective, and the testimony showed, or tended to…
1Opinion of the CourtWoods, C. J.
The first instruction given for the state is fatally erroneous. It assumes that the appellant was armed with a concealed weapon which he had provided to shoot Matthews with on the *737first opportunity, and thereby took the determination of these most important facts from the jury. It is erroneous, also, in omitting altogether Matthews’ reply to appellant’s direction to his wagon driver to ‘ ‘ go ahead, ’ ’ and in making appellant follow up this direction to the wagon driver by the inquiry, addressed to Matthews, what he had to do with it. The full statement of the facts disclosed by the state’s…
2Cited by40 opinions
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- State v. MillerOregon Supreme Court · 1903
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