Mississippi Supreme Court, 1905

Little v. State

Mississippi Supreme Court · Decided November 15, 1905 · Calhoon

87 Miss. 512; 40 So. 165

Cases that cite this one

3 later published cases cite this decision.

Newman v. State (Miss. 1955)
Blackledge v. State (Miss. 1930)
Southern Beverage Co. v. Barbarin (Miss. 1954)

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.

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 *516with a means and with the reasonably apparent intent to kill or do great 'bodily harm. The evidence sharply conflicts.

Reversed and remanded.

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