Jones v. State

Appeal from the circuit court of Noxubee county. Hon. S. H. Terral, Judge. Appellant, Nick Jones, was indicted for assault and battery with intent to kill and murder one Tom Thomas, and upon the trial was convicted of a simple assault. It was shown by the proof that appellant was engaged in a fight with one Lloyd, and that while so engaged Thomas rushed in and participated, as he claims, in the capacity of a peacemaker, but, as the defense claims, in the capacity of a combatant. It resulted that both Lloyd and Thomas were struck and injured by appellant, and the latter was indicted separately…