Canterbury v. State
Mississippi Supreme Court
From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. The appellants, Bud and Abel Canterbury, brothers, were, together with their father, John Canterbury, jointly indicted for an assault and battery upon one Samuel Harrison with intent to kill and murder him.
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From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. The appellants, Bud and Abel Canterbury, brothers, were, together with their father, John Canterbury, jointly indicted for an assault and battery upon one Samuel Harrison with intent to kill and murder him. At the instance of the district attorney, who desired to secure the testimony of the father, John Canterbury, the court below caused a verdict of not guilty as to John, the father, to be placed upon the minutes of the court. The two brothers, Bud and Abel, were tried jointly; the ■ indictment charging that they did…
1Dissent
Caliioon, J.,
delivered the following dissenting opinion:
In this case there was testimony tending to show self-defense, and much stronger evidence to show that the actions of the accused were in the heat of passion, naturally engendered, without malice aforethought, which would, if Harrison had been *302killed, have reduced the homicide to manslaughter. There was no instruction for either the state or defense defining either murder or manslaughter.
The court gave only two instructions at the instance of the state. They are as follows: Number One: “The court instructs the jury, for the state, that…
2Cases cited5 opinions
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- Montgomery v. StateMississippi Supreme Court · 1904
- Morman v. StateCourt of Appeals of Mississippi · 1852
- Levy v. GrayMississippi Supreme Court · 1879
- Nichols v. StateMississippi Supreme Court · 1872