Newton County v. Doolittle
Newton County v. Doolittle
Opinion of the Court
delivered the opinion of the court.
In Candler's Case, 62 Miss., 193, the subject of the homicide was not only'already dead when the slayer was arrested, but the slayer, when arrested, was arrested for murder, charged with murder, and by the committing magistrate discharged after an examination on an affidavit charging murder. The court twice, in the opinion, calls attention to this fact, saying “he was arrested for this offense” (murder), and again, ' ‘ Laclcy had been arrested by another for the offense with which.he was charged.” The case now before us is distinguished by the fact that the slayer here was first arrested for assault with intent to kill, charged with that offense, and the examination before the magistrate was into that offense. The deceased was wounded April 18. It was not thought to be mortal. On the twentieth of April he was examined on a charge of assault with intent to kill, and discharged. On the twenty-eighth of April the wounded man died. On the next day, the twenty-ninth, the defendant fled, and while fleeing, before arrest for the homicide, was arrested by the appellees and ‘‘ delivered up for trial.” The “arrest ” spoken of in § 1387, code 1892,
Affirmed.
Reference
- Full Case Name
- Newton County v. G. L. Doolittle
- Status
- Published
- Syllabus
- Reward. Homicide. Arrest. Code 1892, § 1387. Where one who inflicts a wound is arrested on a charge of assault with intent to kill, and is by the magistrate discharged, after which the wound proves mortal, and he flees, and is arrested for murder, the person making- the arrest is entitled to the reward given by §1387, code 1892, for arresting- “one who has killed another and is fleeing before arrest. ” Tta/wamba Co. v. Candler, 62 Miss., 193, distinguished.