Little v. State

Decided November 15, 1905

Mississippi Supreme Court · decided 1905-11-15

Prom the circuit court of Copiah county. .Hon. David M. Miller, Judge. Little, tbe appellant, was indicted and tried for and convicted of manslaughter — the killing of one Eli Hilton; sentenced to five years’ imprisonment in the state penitentiary, and appealed to the supreme court.

Cited by 5 later decisions — most recently January 1955

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1905-11-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The court properly excluded the testimony offered in exculpation of defendant as to his statement made five minutes after the striking of the fatal blow.

¶3The giving of the first instruction for the state was error. If defendant struck to save his brother’s life, he was justified, even though his brother was the aggressor, unless the aggression was *516with a means and with the reasonably apparent intent to kill or do great 'bodily harm. The evidence sharply conflicts.

¶4Reversed and remanded.