Watson v. State

Mississippi Supreme Court October 15, 1902

Watson v. State, 81 Miss. 700 (Miss. 1902)

Calhoon

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.

Reference

Full Case Name: Jonathan E. Watson v. State of Mississippi
Cited By: 4 cases
Status: Published
Syllabus: 1. Criminal Law. Murder. Evidence. Threats. Where in a murder case the evidence conflicts as to whether the accused or the deceased was the aggressor, threats by the deceased against the accused, communicated or uneommunieated, are admissible in evidence. » 2. Same. Continuance. Absent witness. Compulsory process. In such case, no previous continuance having been granted, if the only witness, not related to the defendant, by whom he can prove the threats be absent without his consent, being within the jurisdiction of the court and duly subpoemed, the case on defendant’s application should be continued, and compulsory process issued for the witness.