89 Miss. 356
Decided November 15, 1906
Mississippi Supreme Court · decided 1906-11-15
From the circuit court of Union county. Hon. J. B. Booti-ie, Judge. The appellant, Cunningham, was indicted and tried for and convicted of assault and battery with intent to kill one Giles Stacy, and sentenced to the penitentiary for three years, from which conviction and sentence he appealed to the supreme court. To prove its case the state introduced only one witness, Stacy, the person assaulted, who testified that appellant had shot him without provocation.
Decided 1906-11-15
¶1delivered tbe opinion of tbe court.
¶2Tbe gist of tbe defense was malice, and threats by Stacy, tbe man assaulted, to throw light on tbe question as to who was tbe aggressor. To rebut this tbe state recalled Stacy to show that defendant bad spent four nights with him just before this shooting and was well cared for. Tbe court then refused to permit tbe defendant to introduce testimony to show tbat this was not true. This we think was error-
¶3Reversed and remanded.