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    1. Re: [MSAFRICANAMER] McCall (Afr-Am) Looking for info abt a homicide:manslaughter involving Cole, Ethridge
    2. This is a Message Board Post that is gatewayed to this mailing list. Author: bjs889 Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/topics.ethnic.afam.ms/1472.2/mb.ashx Message Board Post: Hello - I am Brenda Smith and I saw your request and decided to see if I could help. I found basically the same as you for Asberry & Hager McCall. She was widowed by 1910 and living in Poplarville, Pearl River, MS. Her kids were Willie Sidney, Clara B., Ottis, Minnie, Walter & Ollie. I also saw in another 1910 Census that a Sidney McCall was living in New Orleans, LA which is close to Pearl River. In 1930 - Ollie & Mallie McCall were living in Brooklyn,Kings, New York. In 1942, Sidney McCall's WW II stated that he was also living in Brookyn, Kings,New York. It appears that they moved north to New York. As a retired law enforcement officer - the McCall - Cole case is pretty simply to explain. The original case would most likely be found in the Lauderdale circuit court records or at the Mississippi Archives. Asberry McCall appealed his conviction of manslaughter because the lower court refused to allow a witness for McCall to testify about the prosecution's witness' statement to him about Cole having a weapon which appears to be what McCall was claiming (self-defense), thus not allowing the witness to be proven a liar, invalidating his testimony about removing Cole's weapon from his body after the fight. Also, MS did not have a law that said you had to flee to avoid a confrontation. So, the case was dismissed against McCall. NOW, what we don't know is if the prosecutor tried to refile the charges and re-tried McCall. With the defense's witness though, I would cautiously guess that he was NOT recharged. Hope this helped some. Take care - Brenda Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

    04/11/2011 10:58:24