Gerdine v. State

• Decision Date: 16 May 1887
• Citation: 2 So. 313,64 Miss. 798
• Court: Mississippi Supreme Court
• Parties: ANTOINETTE GERDINE v. THE STATE

2 So. 313

64 Miss. 798

ANTOINETTE GERDINE v. THE STATE

Supreme Court of Mississippi

May 16, 1887

April 1887

APPEAL from the Circuit Court of Clay County HON. W. M. ROGERS Judge.

Antoinette Gerdine was indicted upon a charge of assault with intent to kill and murder Dinah Perkins. The testimony of Dinah Perkins, supported in part by other witnesses for the State tended to show that the accused had, without provocation assaulted Dinah Perkins with a knife and seriously and dangerously wounded her.

The accused testified as follows: "On the evening of the difficulty in question I had an engagement to meet Mr. George Harrell at the big gate leading out of the Camp yard into Main Street. I tried to go through the saloon of Sands &amp Anderson, but could not get through. I then went round the south end of the block and started through the Camp yard to get to the place where I had agreed to meet Mr. Harrell. As I passed through the Camp yard I met Mr. Harrell and Dinah together. I said, 'George, you need not try to deceive me about your intimacy with Dinah any more.' Dinah said, 'Oh! yes, you damned bitch! I have been hunting for you all night, and now I have got you, ' raising her hand as if she intended to strike me. She had a knife of some sort in her hand. I could not tell exactly what sort of a knife it was, as it was dark. I saw the knife glitter as she did this. I dodged behind Mr. Harrell, and cut her over Mr. Harrell's shoulder with a knife I had borrowed from John Outlaw when I heard of the threats Dinah had been making, etc."

The court refused to give the following instruction asked by the defendant:

"16. If the jury believe from the evidence that the defendant was going to the place appointed by Harrell and herself, and on the way met Harrell and Dinah, and that defendant spoke to Harrell, telling him, in substance, that he need not try longer to deceive her about his intimacy with Dinah, and thereupon Dinah said to her, 'You d d bitch, I have been looking for you all night and now I have got you, ' and thereupon drew a weapon and attempted to strike defendant with a dangerous or deadly weapon, and there was reasonable ground to apprehend that Dinah would kill her or do her some great bodily harm, then defendant had the right to defend herself, and take Dinah's life if necessary to protect herself from great bodily harm or death."

The court gave for the defendant the following among other instructions:

"3. The court charges the jury that if they believe from the evidence that just before the difficulty Dinah Perkins threatened the life of defendant, and these threats had been communicated to defendant, and that Dinah Perkins, at the time she was cut, had raised her hand threatening to strike or cut defendant with a knife, so as to make it appear to a reasonable man so situated that he was in danger of loss of life or great bodily harm then present and impending, and the defendant acted upon such appearance in her self-defense when she cut the defendant, then the jury must acquit, even though they may believe from the evidence that the defendant was in no actual danger at the time."

"8. If the jury believe from the evidence that defendant had, at the time of the difficulty, reasonable ground to believe that Dinah Perkins had formed a design to commit a felony upon her, or to do her some bodily harm, and that there was imminent danger of such design being accomplished at the time of the assault, they should acquit."

"11. If the jury believe from the evidence that Dinah made threats against the life of defendant or to do her great bodily harm and that these threats were communicated to defendant...