Little v. State
Mississippi Supreme Court
Little v. State, 87 Miss. 512 (Miss. 1905)
40 So. 165
Calhoon
Little v. State
Opinion of the Court
delivered the opinion of the court.
The court properly excluded the testimony offered in exculpation of defendant as to his statement made five minutes after the striking of the fatal blow.
The giving of the first instruction for the state was error. If defendant struck to save his brother’s life, he was justified, even though his brother was the aggressor, unless the aggression was
Reversed and remanded.
Reference
- Full Case Name
- Pearl A. Little v. State of Mississippi
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Criminal Law. Homicide. Evidence. Defendant’s declarations. Exculpatory statements, made by a homicide after the fatal blow, not being part of the res gestae, are not admissible in evidence in his behalf. 2. Same. Justification. Prevention of felony. A defendant may justifiably strike the antagonist of his brother a fatal blow, if he strike in defense of the latter’s life, although the brother was the aggressor in tlie combat, if he began it without the means or reasonably apparent intent to kill his antagonist or do him great bodily harm.