Reference

Full Case Name

W. Lee Hinson v. State

Cited By

2 cases

Status

Published

Syllabus

1. Criminal Law. Homicide. Previous threats; case in judgment. On the trial of the defendant, Iiinson, for murder, evidence was offered in-his behalf that some months previous to the homicide he had been shot from ambush and wounded ; that after that, Simmons, the deceased, had been informed by a friend that he, Simmons, was charged with having instigated the shooting, whereupon Simmons stated in the presence of several that he “ would slap the jaws of any one who had so charged him, and would compel him to sign a lie-hill, and shoot his head off.” This remark was-communicated to the accused several weeks before the killing. Held, that such evidence was not admissible as showing a threat by the deceased against the accused. 2. Same. Evidence of previous threats. Overt act not proved. Case in judgment. In a case of homicide there was evidence that the accused came near to the-store of the deceased, and while there the two became engaged in a quarrel, during which the deceased slapped the accused on the cheek with his-open left hand, and immediately turned half around and threw his right hand down by his side and somewhat behind him, and that this occurred just as the defendant drew his pistol and fired the fatal shot. The deceased at the - time had on neither coat nor vest, and was visibly unarmed. Held, that this-did not show an overt act by the deceased to justify the introduction of evidence of previous threats by him against the accused.