Lott v. State

Mississippi Supreme Court

Lott v. State

83 Miss. 609

CourtMississippi Supreme Court

DecidedOctober 15, 1903

StatusPublished

Cited by3 cases

This text of 83 Miss. 609 (Lott 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

Lott v. State, 83 Miss. 609 (Mich. 1903).

Pincite

Opinion

Calhoon, J.,

delivered the opinion of the court.

From a careful examination of this record, we think it plainly manifest that both the shots fired by Lott were fired when he did not see and could not have seen Dodge, because a sandhouse intervened between them. It being, therefore, impossible that he could have hit him, or seen Kim to fire at him, we cannot hold that he committed an assault with intent to kill and murder; and so, notwithstanding Lott’s bad conduct, the case is reversed and remanded.

Reversed.

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Calhoon, J.,

delivered the opinion of the court.

From a careful examination of this record, we think it plainly manifest that both the shots fired by Lott were fired when he did not see and could not have seen Dodge, because a sandhouse intervened between them. It being, therefore, impossible that he could have hit him, or seen Kim to fire at him, we cannot hold that he committed an assault with intent to kill and murder; and so, notwithstanding Lott’s bad conduct, the case is reversed and remanded.

Reversed.

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Bluebook (online)

83 Miss. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lott-v-state-miss-1903.

Opinion

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