Williamson v. State

Decided October 15, 1917

Mississippi Supreme Court · decided 1917-10-15

Hon. W. H. Hughes, Judge. Ode and Cooper Williamson were convicted of murder and appeal. Appellants, Ode and Cooper Williamson, were indicted jointly with Mrs. Cola Nichols, for the murder of one Walter Nichols, the father-in-law of Mrs. Cola Nichols, who had separated from her husband, David Nichols, some months prior to the killing.

Cited by 3 later decisions — most recently October 1982

3 state decisions

Relies on Lofton v. State · Smith v. State · Patterson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1917-10-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The jury could have found from the evidence that Ode Williamson provoked the difficulty with the deceased by going into the house and attempting to shoot him, but, failing so to do, abandoned the difficulty and fled, and while attempting in good faith to escape, was pursued and attacked by deceased and forced to kill him in self-defense. Consequently the state’s fourth instruction should not have been granted. Smith v. State, 75 Miss. 553, 23 So. 260; Patterson v. State, 75 Miss. 675, 23 So. *720647; Lofton v. State, 79 Miss. 734, 31 So. 420; Jones v. State, 84 Miss. 194, 36 So. 243; note to State v. Gordon, 109 Am. St. Rep. 808et seq.; 13 R. C. L. 834.

¶3Reversed and remanded.