Wood v. State

Citations

• 64 Miss. 761

Syllabus

<p>1. Assault with Intent to Kill. Indictment. Felonious intent, how charged.</p> <p>An indictment which charges an assault “ with intent feloniously, willfully, and with malice aforethought to kill and murder ” is not bad because it fails to charge that the assault was “ feloniously” made.</p> <p>2. Same. Criminal practice. Indictment. Amendment of. Name of party assaulted. Section 3081, Code of 1880, applied.</p> <p>It is no ground for a reversal here, (? 1433, Code 1880), the objection not having been raised in the court below, that there is a variance between the indictment and evidence as to the first name of the party assaulted; and if such objection had been raised in the court below, the indictment could have been amended so as to conform to the proof, under $ 3081, Code of 1880.</p> <p>3. Assault with Intent to Kill. Evidence. Collateral issue. Cross-examination of witness. Case in judgment.</p> <p>On the trial of one charged with an assault with intent to kill, the sole question being whether during the progress of a quarrel the accused stabbed his antagonist with a deadly weapon while the former was in no real or apparent danger, the origin of such quarrel is a collateral matter and evidence thereto inadmissible, and if a witness for the State testify thereto without objection, the refusal of the court to allow defendant to cross-examine such witness in reference to such collateral matter is not such a prejudicial error as to cause a reversal of a judgment of conviction.</p> <p>4. Same. Justification of. Insulting words. Section 3080, Code of 1880, construed.</p> <p>Under § 3080, Code of 1880, which provides that, “ In all trials of indictments for assault and battery or for an assault,” any insulting words used by the assaulted person at the time of the assault may be given in evidence in justification thereof, such words may be given in evidence on an indictment for assault with intent to kill and murder, and the jury may consider whether the same const