Scott v. State
Mississippi Supreme Court
ERROR to Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. 1. The court erred in modifying the instructions. Evans v. The State, 44 Miss. 473; 37 Miss. 349; Hor. & Thomp. Cases on Self-defence, 96, 256, 516, 814. 2. The court erred in ruling out the testimony of Henry Harris.
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ERROR to Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. 1. The court erred in modifying the instructions. Evans v. The State, 44 Miss. 473; 37 Miss. 349; Hor. & Thomp. Cases on Self-defence, 96, 256, 516, 814. 2. The court erred in ruling out the testimony of Henry Harris. There is no well-grounded reason why evidence of the bruise on the head, should not have gone to the jury as a circumstance in the case. 1. The testimony respecting the bruise on the head was not in any way connected with the case, and the defendant’s counsel…
1Opinion of the CourtSiMRALL, C. J.
The plaintiff in error, who was indicted for murder, placed his defence on two grounds: First, That he was justified in striking the fatal blow, “ in the lawful defence of his person, where there was reasonable ground to apprehend a design in the accused to take his life, or to do him some great personal injury, and there was imminent danger of such design being accomplished.” Code, sect. 2631. Second, That the killing happened “ by accident or misfortune, in the heat of passion, upon a sudden and sufficient provocation ; or upon a sudden combat, without any undue advantage being taken, and…
2Cases cited3 opinions
- Dyson v. StateMississippi Supreme Court · 1872
- Evans v. StateMississippi Supreme Court · 1870
- Wesley v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- Flowers v. StateMississippi Supreme Court · 1985
- Scott v. StateMississippi Supreme Court · 1948
- State v. O'NeilOregon Supreme Court · 1886
- Moriarty v. StateMississippi Supreme Court · 1885
- Bell v. StateMississippi Supreme Court · 1949
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