Powers v. State
Mississippi Supreme Court
From the circuit court of Panola county, second district. Appellant was indicted for the murder of one Mills, was tried and convicted of manslaughter, and appealed.
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From the circuit court of Panola county, second district. Appellant was indicted for the murder of one Mills, was tried and convicted of manslaughter, and appealed. On the trial it was shown that appellant shot Mills, that almost immediately after the shooting, and before Mills was removed from the scene of the conflict, and when he was in extremis, appellant walked up and said to decedent that he ‘‘ was sorry he did it ” or “ sorry that he had to do it” (witnesses were not certain which form of expression was used); and that deceased responded: “You have killed me without cause.” To the…
1Opinion of the CourtWoods, C. J.
The eighth instruction given for the state is in these words, viz.: “The court instructs the jury that while it is true they must, in order to convict the accused, believe him guilty beyond a reasonable doubt, arising out of the evidence, and to a moral certainty, yet this thing of a reasonable doubt the law cannot and does not undertake to define. The j ury are not required to know that the defendant is guilty, but it is only necessary, in order to convict, that the jury, after a full consideration and comparison of all the evidence, should be satisfied, from the evidence, as fair,…
2Cases cited5 opinions
- Coleman v. StateMississippi Supreme Court · 1882
- Kendrick v. StateMississippi Supreme Court · 1877
- Payne v. StateMississippi Supreme Court · 1883
- Burt v. StateMississippi Supreme Court · 1894
- Brown v. StateMississippi Supreme Court · 1894
3Cited by13 opinions
- State v. CreanMontana Supreme Court · 1911
- McNeal v. StateMississippi Supreme Court · 1917
- Ellerbe v. StateMississippi Supreme Court · 1901
- Powers v. StateMississippi Supreme Court · 1903
- Dee House v. StateMississippi Supreme Court · 1908
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