Spradley v. State

Citations

• 80 Miss. 82

Syllabus

<p>1. Instructions. Evidence to support.</p> <p>An instruction should not be given in the absence of all evidence of which to predicate it.</p> <p>2. Criminal Law. Assault with intent to Mil. Airest.</p> <p>Where, in the trial of a defendant charged with an assault with intent to kill, it appeared that defendant’s sleeping apartment was entered at night by persons seeking to arrest him, and that the assault occurred in an encounter then and there arising from such entry, it was error to instruct the jury for the state that the assaulted person, if he had reason to believe that the defendant had committed a felony, had the right to make the entry and arrest defendant without a wai’rant, in the absence of all evidence to justify such a belief.</p> <p>3. Same. Motives in maMng arrests. Evidence.</p> <p>Where a defendant is indicted for an assault with intent to kill a person who was seeking to arrest him, he should be permitted to inquire into the motives and conduct of such person in seeking to make the arrest.</p> <p>4. Evidence. Thoughts of witnesses.</p> <p>The mere thoughts of a witness are not admissible in evidence.</p>