Coleman v. State
Mississippi Supreme Court
From; the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Coleman, appellant, was indicted, tried and convicted of having unlawfully and intentionally pointed and aimed a pistol at and towards one Macqueen, not in necessary self-defense or in the lawful discharge of official duties, etc., and appealed to the supreme court. The indictment charged that Coleman “pointed and aimed” the pistol.
Read the full summary
From; the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Coleman, appellant, was indicted, tried and convicted of having unlawfully and intentionally pointed and aimed a pistol at and towards one Macqueen, not in necessary self-defense or in the lawful discharge of official duties, etc., and appealed to the supreme court. The indictment charged that Coleman “pointed and aimed” the pistol. On the trial the court below instructed the jury for the state to convict if they believed from the evidence beyond every reasonable doubt, etc., that defendant “pointed or aimed” the…
1Opinion of the CourtFletcher, J.
We do not think there is any substantial distinction between the terms “point” and “aim,” as these words are employed in Code 1906, § 1045. Both words are used in the statute to convey precisely the same meaning; the offense consisting in intentionally so directing a gun or pistol as that its discharge will endanger human life. There is an evident distinction between this statute and the statute on the subject of arson, considered in Rist v. State, 93 Miss. 841, 47 South. 433.
Even if there were some real distinction between these practically synonymous expressions, no error was committed in…
2Cases cited1 opinion
- Rist v. StateMississippi Supreme Court · 1908
3Cited by9 opinions
- Byrd v. StateMississippi Supreme Court · 1969
- Wolf v. StateMississippi Supreme Court · 1973
- Lenoir v. StateMississippi Supreme Court · 1959
- Buchanan v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Potts v. StateCourt of Appeals of Mississippi · 1999
4 more not listed; retrieve them via the Exa API.