White v. State

• Decision Date: 17 October 1892
• Citation: 11 So. 632,70 Miss. 253
• Court: Mississippi Supreme Court
• Parties: JOHN WHITE v. THE STATE

11 So. 632

70 Miss. 253

JOHN WHITE v. THE STATE

Supreme Court of Mississippi

October 17, 1892

October 1892

FROM the circuit court of Lauderdale county, HON. S. H. TERRAL Judge.

Appellant a negro, was convicted of the murder of one Logan, also a negro, who was killed by him April 18, 1892, under the following circumstances: On the morning of that day it was discovered that a store in Meridian had been burglarized the night before, and a number of articles stolen therefrom. Harvin, a constable, was notified, and, taking with him one Bloodsworth, and the deceased, Logan, he went in search of the person who had committed the crime. Logan had seen a man pass his house early in the morning, and they took the track of this man, and followed it something over half a mile to the woods. Here Logan, being in advance, discovered the defendant lying down, and he stopped and beckoned to the others to come on. The defendant was asleep, but was awakened by hearing the footsteps. Seeing the parties, and the motions made by Logan, he jumped up and fled. The pursuers called to him to stop, and Harvin hallooed to Logan to get a pistol and shoot him. Logan stopped and took Bloodsworth's pistol and, running forward, fired it several times, calling to defendant to stop and surrender. But he did not stop, and the pursuers followed him, Logan being in front, and Bloodsworth some little distance behind him. The pursuit continued for a distance of more than half a mile. The parties soon passed out of Harvin's sight, but he followed on. Logan finally came up with the defendant. Both men were about exhausted and were walking along side by side, Logan a little in front, with pistol in hand, saying to defendant, "Stop!" "Surrender!" Bloodsworth was in sight, and saw defendant drop his coat, which was under his arm, and turn and shoot Logan with a pistol. There was evidence tending to show that Logan also shot at this time. After shooting Logan, the defendant turned and shot Bloodsworth, who grappled with and overpowered him. Harvin then came up, and found Logan dying, and Bloodsworth holding the defendant on the ground.

The defendant afterwards confessed to his participation in the burglary. On the trial he testified that he ran because he was frightened by the approach of the men in the woods; that he did not know what they had come for; that he did the killing in self-defense; that deceased, having fired at him several times, was in the act of shooting again, when he shot him. Objection was made to proof by the state that the defendant had committed the burglary.

The parties making the arrest had no warrant. Prior to the killing the defendant was not informed of the object or cause of the attempted arrest. The only thing said to him was the demand to stop and surrender. He heard the command of the officer to shoot him.

The following instructions, among others, were given for the state:

"If the jury believe from the evidence that James Logan, acting with Harvin and Bloodsworth, was attempting to arrest the defendant for the burglary of Nerdlinger's store, and that the defendant, having reasonable grounds to believe them so acting, in order to escape or prevent the arrest, shot and killed Logan, then he is guilty of murder, and the jury should so find.

"If the jury believe from the evidence that the defendant was guilty of a felony, and that Logan, Harvin and Bloodsworth were in pursuit of him to arrest him, and defendant had reasonable ground to believe they were so acting, then Logan had a right to shoot at White, if it was necessary so to do in order to arrest him, and White had no right to return the fire or to shoot Logan.

"If the jury believe from the evidence that the defendant was guilty of a felony, then, under the law, James Logan, or any private citizen, had a right to arrest him with or without a warrant.

"The law does not require an officer to make known to the party whom he seeks to arrest the object and cause of such arrest, when the party whom they are seeking to arrest has reasonable ground to believe, from all the circumstances, that he is intended to be arrested, and the officers be on pursuit for that purpose."

For the defendant, the following instructions, with others, were given:

"The court charges the jury that the deceased, Logan, did not have a right to shoot at the defendant unless it became necessary to take and overcome him; and, if the jury believe from the evidence that Logan fired the first shot at defendant, and was in the act of shooting him again, when no such necessity existed, then the defendant had a right to defend himself.

"If, from the evidence, the jury believe or entertain a reasonable doubt that, at the time the defendant shot James Logan, the defendant had reasonable grounds to believe that Logan was about unnecessarily to kill the defendant, or do him great bodily harm, and that, at said time, there was imminent danger that Logan would kill the defendant, then the defendant had a right to defend himself, and to shoot Logan to save his own life."

Defendant was convicted and sentenced to be hanged. Motion for new trial overruled.

The defendant being unable to employ counsel, the court below appointed attorneys to conduct his defense, and they represented him in that court and on this appeal.

...