Thomas v. State
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. On the trial of the accused for murder, one of the instructions for the state was predicated of that crime.
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From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. On the trial of the accused for murder, one of the instructions for the state was predicated of that crime. The second, and only other instruction for the state, directed the jury that, if they believed from the evidence that the defendant intentionally pointed a loaded pistol at the deceased, and the pistol went off without the defendant intending to shoot, and it killed the deceased, their verdict should be in these words: “We, the jury, find the defendant guilty of pointing a pistol intentionally at the deceased, and the…
1Opinion of the CourtWhitfield, J.
The appellant was indicted for murder, the indictment being in the form presci-ibed by § 1359 of the code of 1892. He was ■convicted under § 969 of said code, the jury returning this verdict: “We, the jury, find the defendant guilty of pointing a pistol intentionally at the deceased, and the same was then and there discharged, and killed the deceased.” Section 969 provides for three offenses: First, ‘ ‘ intentionally pointing . . any . . . pistol at or towards another, except, ” etc.; ■second, the discharge by any person of such firearm so intentionally pointed — these two offenses being…
2Cases cited1 opinion
- Moore v. StateMississippi Supreme Court · 1881
3Cited by8 opinions
- Abram v. StateMississippi Supreme Court · 1992
- Bishop v. JonesMississippi Supreme Court · 1949
- State v. SchallerSouth Dakota Supreme Court · 1926
- Washington v. StateMississippi Supreme Court · 1898
- State v. KinneySouth Dakota Supreme Court · 1928
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