Miles v. State
Mississippi Supreme Court
Appeal from the circuit court of Calhoun county. Hon. W. A. Roane, Judge. William Miles was convicted of an assault and appeals. The facts are fully stated in the opinion of the court. We say that this record shows that it is uncertain as to who was'the agg’ressor in the difficulty. If we are correct as to this, the court should have admitted the testimony offered to he proven by the appellant and Henry Lyon.
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Appeal from the circuit court of Calhoun county. Hon. W. A. Roane, Judge. William Miles was convicted of an assault and appeals. The facts are fully stated in the opinion of the court. We say that this record shows that it is uncertain as to who was'the agg’ressor in the difficulty. If we are correct as to this, the court should have admitted the testimony offered to he proven by the appellant and Henry Lyon. In the case of Prine v. State, 73 Miss. 838, our court says: “When on a trial for an assault with, intent to kill, it is not clear who was the aggressor, it is error to exclude testimony…
1Opinion of the CourtAnderson, J.
The appellant, William Miles, was indicted for assault and battery with intent to kill and murder. There were two trials. On the first trial he was convicted of an assault and battery. A new trial was granted, and on the second trial he was convicted of an assault, and appeals to this court.
The appellant, who was at the time of the alleged crime over seven and under fourteen years of age, struck Nathaniel Harley with a stick, inflicting a serious wound on the head. There is no evidence whatever as to whether appellant was mentally capable of distinguishing between right and wrong. It is…
2Cases cited4 opinions
- Bell v. StateMississippi Supreme Court · 1888
- Prine v. StateMississippi Supreme Court · 1896
- Beason v. StateMississippi Supreme Court · 1909
- Joslin v. StateMississippi Supreme Court · 1898
3Cited by4 opinions
- Stevens v. LockeMississippi Supreme Court · 1930
- Holmes v. StateMississippi Supreme Court · 1923
- Wheeler v. ShoemakeMississippi Supreme Court · 1952
- Wheeler v. ShoemakeMississippi Supreme Court · 1952