Mississippi Supreme Court, 1902

Watson v. State

Mississippi Supreme Court · Decided October 15, 1902 · Calhoon

81 Miss. 700

Cases that cite this one

4 later published cases cite this decision.

Bynum v. State (Miss. 1962)
Walker v. State (Miss. 1922)
Walton v. State (Miss. 1905)
Caldwell v. State (Miss. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

On a conflict of evidence as to who was the aggressor, recent threats by deceased, communicated or uncommunicated, are admissible to show the, character of the homicide. B. & A.’s Digest, p. 321, clause 233. Such conflict appears sharply in this record. The testimony of Stewart, the only witness to the threats who was not related to the accused, was quite im*703por taut to him, and he had the right to his personal presence before the jury, and to compulsory process for him to the next term of the court; it not being available to the trial term, and but one continuance being involvéd. Scott v. State 80 Miss., 197; s.c. 31 So. Rep., 710; Long v. State, 52 Miss., 23. The threats were of the very day of the killing, and by deceased while in search of the accused.

Reversed a/nd remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.