Little v. State

Mississippi Supreme Court

Little v. State

40 So. 165, 87 Miss. 512

CourtMississippi Supreme Court

DecidedNovember 15, 1905

StatusPublished

Cited by3 cases

This text of 40 So. 165 (Little v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Little v. State, 40 So. 165, 87 Miss. 512 (Mich. 1905).

Pincite

Opinion

Calhoon, J.,

delivered the opinion of the court.

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 [516]*516with a means and with the reasonably apparent intent to kill or do great 'bodily harm. The evidence sharply conflicts.

Reversed and remanded.

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Calhoon, J.,

delivered the opinion of the court.

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 [516]*516with a means and with the reasonably apparent intent to kill or do great 'bodily harm. The evidence sharply conflicts.

Reversed and remanded.

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Bluebook (online)

40 So. 165, 87 Miss. 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-state-miss-1905.

Opinion

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