Little v. State
Mississippi Supreme Court
Prom the circuit court of Copiah county. .Hon. David M. Miller, Judge. Little, tbe appellant, was indicted and tried for and convicted of manslaughter — the killing of one Eli Hilton; sentenced to five years’ imprisonment in the state penitentiary, and appealed to the supreme court.
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Prom the circuit court of Copiah county. .Hon. David M. Miller, Judge. Little, tbe appellant, was indicted and tried for and convicted of manslaughter — the killing of one Eli Hilton; sentenced to five years’ imprisonment in the state penitentiary, and appealed to the supreme court. The first instruction given for the state was in these words: “The court instructs the jury that if they believe from the evidence, beyond a reasonable doubt, that defendant’s brother was the aggressor, and that decedent struck him in defense of himself and was in the act of striking him again in defense of his…
1Opinion of the CourtCalhoon, J.
The court properly excluded the testimony offered in exculpation of defendant as to his statement made five minutes after the striking of the fatal blow.
The giving of the first instruction for the state was error. If defendant struck to save his brother’s life, he was justified, even though his brother was the aggressor, unless the aggression was *516with a means and with the reasonably apparent intent to kill or do great 'bodily harm. The evidence sharply conflicts.
Reversed and remanded.
2Cited by3 opinions
- Southern Beverage Co. v. BarbarinMississippi Supreme Court · 1954
- Blackledge v. StateMississippi Supreme Court · 1930
- Newman v. StateMississippi Supreme Court · 1955