Gordon v. State
Mississippi Supreme Court
Drom the circuit court of Amite county. Hon. Moyse H. Wilkinson, Judge. Gordon, appellant, was indicted and tried for the murder of one Code Williams, was convicted of manslaughter and appealed to the supreme court. The testimony was conflicting.
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Drom the circuit court of Amite county. Hon. Moyse H. Wilkinson, Judge. Gordon, appellant, was indicted and tried for the murder of one Code Williams, was convicted of manslaughter and appealed to the supreme court. The testimony was conflicting. The state’s theory of the facts was that the deceased, being under the influence of intoxicating liquor entered upon defendant’s farm and raised a disturbance among his tenants, but was departing from the premises quietly, and making no demonstration whatever at the time he was shot and killed by defendant. The theory of the defense was that the…
1Opinion of the CourtWhitfield, C. J.
The fifth instruction for the state- is fatally erroneous. It is a charge upon the weight of evidence. It selects and magnifies certain fragmentary ’ portions of the evidence. It attempts to put the facts constituting the theory of the- state, but fails to put them all, and it charges the jury that they may find the defendant guilty if they believe so and so- — doe's not state that they should believe beyond a reasonable- doubt, but that particular defect is cured by the instructions for the defendant. But, worse than this, it charges that they may find the defendant guilty if they simply…
2Cited by3 opinions
- Meaut v. LanglinaisMississippi Supreme Court · 1961
- Nelson v. StateMississippi Supreme Court · 1922
- Hatcher v. StateMississippi Supreme Court · 1951