Watson v. State

81 Miss. 700

Opinion

Calhoon, J.,

delivered the opinion of the court.

On a conflict of evidence as to who was the aggressor, recent threats by deceased, communicated or uncommunicated, are admissible to show the, character of the homicide. B. & A.’s Digest, p. 321, clause 233. Such conflict appears sharply in this record. The testimony of Stewart, the only witness to the threats who was not related to the accused, was quite im por taut to him, and he had the right to his personal presence before the jury, and to compulsory process for him to the next term of the court; it not being available to the trial term, and but one continuance being involvéd. Scott v. State 80 Miss., 197; s.c. 31 So. Rep., 710; Long v. State, 52 Miss., 23. The threats were of the very day of the killing, and by deceased while in search of the accused.

Reversed a/nd remanded.