Lott v. State
Cases that cite this one
2 later published cases cite this decision.
- Porter v. State (Miss. 1993)
- State of Arizona v. Hanks (Ariz. 1941)
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
delivered the opinion of the court.
From a careful examination of this record, we think it plainly manifest that both the shots fired by Lott were fired when he did not see and could not have seen Dodge, because a sandhouse intervened between them. It being, therefore, impossible that he could have hit him, or seen Kim to fire at him, we cannot hold that he committed an assault with intent to kill and murder; and so, notwithstanding Lott’s bad conduct, the case is reversed and remanded.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.