Lott v. State

Decided October 15, 1903

Mississippi Supreme Court · decided 1903-10-15

Fbom tbe circuit court of, first district, Carroll county. HoN. William F. SteveNS, Judge. Lott, appellant, was indicted, tried and convicted of an assault with intent to kill and murder one George Dodge, and appealed to the supreme court. The facts were as follows: Adolphus Lott, George Dodge and several other negroes were playing a crap game.

Cited by 2 later decisions — most recently April 1993

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-10-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2From 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.

¶3Reversed.