Woods v. State
Mississippi Supreme Court
From the circuit court of Lee county. IIon. Eugene O. Sykes, Judge Woods, the appellant, a negro, was indicted and tried for assault and battery with intent to kill and murder another negro, Dade Edwards; was convicted and sentenced to the penitentiary for one year, and appealed to the supreme court. The indictment charged appellant with feloniously assaulting Edwards with a gun, striking and wounding him with it with intent to murder him.
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From the circuit court of Lee county. IIon. Eugene O. Sykes, Judge Woods, the appellant, a negro, was indicted and tried for assault and battery with intent to kill and murder another negro, Dade Edwards; was convicted and sentenced to the penitentiary for one year, and appealed to the supreme court. The indictment charged appellant with feloniously assaulting Edwards with a gun, striking and wounding him with it with intent to murder him. Pending a quarrel between the parties, Edwards was struck upon the head with a shotgun by appellant with such force as to knock him senseless and discharge…
1Opinion of the CourtCALirooN, J.
On this indictment for and conviction of assault and battery with intent to kill and murder our minds do not repose securely in the belief that there was either a purpose to kill, or that there was malice in the assault, or that the blow was not in self-defense. Erom the lightness of the sentence we think the accomplished and able circuit judge was himself not thoroughly at ease on these questions on the evidence. In this sort of a case, we think it was improper to give the state’s first instruction, that in effect authorizes conviction “as charged,” even if the blow was struck with the…
2Cited by3 opinions
- Simmons v. StateMississippi Supreme Court · 1949
- Richardson v. StateMississippi Supreme Court · 1920
- Hinton v. StateMississippi Supreme Court · 1950