Mott v. State

Citations

• 123 Miss. 729
• 86 So. 514

Syllabus

<p>1. Homicide. Previous üncommunicated threats are admissible when doubtful who began difficulty.</p> <p>Evidence of previous uncommunciated threats is admissible in cases where it is doubtful who began the difficulty, as tending to solve the doubt.</p> <p>2. Homicide. Aggression is doubtful where evidence thereon is conflicting.</p> <p>The question as to who is the aggressor is doubtful in the meaning of this rule.- when there is a conflict of testimony upon that point.</p> <p>3. Homicide. Üncommunicated threat held admissible where deceas- > ea first hit defendant.</p> <p>Wnere the deceased, three days before the difficulty with appellant, stated that he would kill the appellant before the week was over if lie had to knock him in the head, and the testimony was conflicting as to who was the aggressor but shows úncontradictedly that deceased struck the first blow hitting appellant a very severe blow in the head with a cant hook, the testimony of this un communicated threat was material, and it was reversible error to exclude.</p> <p>4. Criminal Law. Only approved instructions slcould 6e requested.</p> <p>In homicide cases it is better 'practice for the state to request instructions that have been approved by this court and for as few as will clearly present the theory of the state.</p>