Richardson v. State

79 Miss. 289

• Court: Mississippi Supreme Court
• Decided: October 15, 1901
• Status: Published

Opinion

CalhooN, J.,

delivered the opinion of the court.

The indictment is good enough. It charges with sufficient certainty that the injury was caused by the discharge of the weapon. The word ‘ ‘ necessary ’ ’ before the word ‘ ‘ self-defense ” is not essential, since the statute (code § 969) does not require it. The previous acquittal on an indictment for an assault and battery with intent to kill and murder is no bar to this indictment for pointing a gun, etc. Granted that it would have been a bar if the previous acquittal had been on a charge of murder or manslaughter, this would have been because of the express provision of code, § 969, and it does not apply to assault and battery.

Affirmed.