Little v. State

Citations

• 87 Miss. 512
• 40 So. 165

Syllabus

<p>1. Criminal Law. Homicide. Evidence. Defendant’s declarations.</p> <p>Exculpatory statements, made by a homicide after the fatal blow, not being part of the res gestae, are not admissible in evidence in his behalf.</p> <p>2. Same. Justification. Prevention of felony.</p> <p>A defendant may justifiably strike the antagonist of his brother a fatal blow, if he strike in defense of the latter’s life, although the brother was the aggressor in tlie combat, if he began it without the means or reasonably apparent intent to kill his antagonist or do him great bodily harm.</p>