Pulpus v. State

Citations

• 82 Miss. 548

Syllabus

<p>1. Ceiminal Law. Homicide. Evidence.</p> <p>In th'e absence of evidence of a conspiracy, the statement of a third party, not made in the presence of the accused, to the effect that “they” were not going to prosecute the deceased for assaulting the defendant, but “were going to get him,” is not admissible on the trial of the defendant for afterwards killing deceased.</p> <p>2. Same.- Go-defendant's escape.</p> <p>On the trial of a defendant for homicide-it is error to permit the state to prove that a co-defendant, not on trial, had left the state and forfeited his bail bond.</p> <p>3. Same. Self-defense. Surrender of right.</p> <p>The right of self-defense is not surrendered, although defendant armed himself with a deadly weapon and sought his- adversary with intent to kill him and was the aggressor in the altercation in which he killed him, if after the beginning of th'e altercation defendant abandoned the intent and the killing was not in pursuance of it.</p>