Martin v. Minor

Citations

• 50 Miss. 42

Syllabus

<p>1. Assault and Battery — Provocation. — The general rule on the subject of provocation is, that under the general issue, the defendant, in mitigation of damages, may give in evidence a “ provocation,” provided it was so recent and immediate as to induce a presumption that the violence was committed under the immediate influence of the passion excited by the provocation. 2 G-reenleaf’s Bvid., Sec. 93.</p> <p>% Same — Same — Extenuation. — What is done under the influence of passion provoked by the opposite party at the time of the assault, is . proper to be considered by the jury in extenuation of the offense. But what is done a day or two after the provocation received is not the result of that passion, but is the deliberate infliction of vengeance for an injury real or supposed. Collins v. Todd, 17 Mo., 537; Lee v. Woolsey, 19 Johns., R., 321; Coxe v. Whiting, 9 Missouri R., 531.</p>