Spivey v. State

Citations

• 58 Miss. 858

Syllabus

<p>1. Criminal Law. Venue. Jurisdiction. Panola County.</p> <p>Under the act of 1878 dividing Panola County into two court districts, a conviction for murder in the district in which the homicide was not committed must he set aside for want of jurisdiction in the court.</p> <p>2. Same. Horhicide. Evidence. Declaration %n presence of accused.</p> <p>S. was indicted for the murder of B. On the trial, a witness for the State was permitted to testify, against the objection of the defendant, that the son of the accused, immediately after the killing, and in the presence of his father, called to his brother, saying, “ Kun here; pa has killed B.” Held, that this testimony was properly admitted.</p> <p>& Same. Homicide. Evidence. Correspondence.</p> <p>' On the morning of the 12th of June, 1880, S. wrote a note to B., informing him that if his mules should be found again in S.’s fieldhe would shoot them. B. replied by note, inviting S. to meet him after dinner at a place named, “and bring your shot-gun; we will try them; as I consider that it was a banter this morning.” About one o’clock of that day B. was at S.’s house, and asked him why he hadnotmet him as proposed. Angry words passed between them, and B. sent ■ for and obtained his gun; but nothing further then occun-ed, and B., with two or three companions, went to their field to work. About sunset of the same day they returned to the front of S.’s house, when B. dismounted from his mule and started into the house, but before reaching it was shot by S. Upon the trial of S., under an indictment for the murder of B., the notes above referred to were offered in evidence by the defendant, but were excluded by the court. S.’s defence was (and his evidence tended to prove it), that he killed B. because of a reasonable apprehension excited by the hostile demonstration of B., and honestly entertained by the accused, that he was at the time in imminent peril of some great bodily harm then about to be done him by B., to avert whi