Cumberland v. State
Mississippi Supreme Court
Appeal from tire circuit court of Neshoba county. ITon. C. L. Dobbs, Judge. E. L. Cumberland was convicted of murder and appealed. The facts are fully stated in the opinion of the court.
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Appeal from tire circuit court of Neshoba county. ITon. C. L. Dobbs, Judge. E. L. Cumberland was convicted of murder and appealed. The facts are fully stated in the opinion of the court. Instruction number 7 to tbe jury is as follows, to-wit: “The court charges the jury for the state, that if the jury believes from the evidence beyond a reasonable doubt that Cumberland, with a pistol, shot Lidell, and thereby killing him, then the use of a deadly weapon is primafacie evidence of malice and an intent to murder, and before this presumption is ever overcome it must be shown by the evidence in…
1Opinion of the CourtSykes, J.
The defendant, E. L. Cumberland, in February, 1913, in Neshoba county, shot with a pistol and killed one Will Lidell. He was convicted of murder and prosecutes this appeal.
The testimony for the state was sufficient to sustain the verdict of the jury, and that of the defendant made out a case of self-defense. Eyewitnesses to the homicide were introduced by both the state and defendant. The court gave the state the following- instruction (No. 7): “The court charges the jury for the state that if the jury believes from the evidence beyond' a reasonable doubt that Cumberland with a pistol shot…
2Cases cited2 opinions
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3Cited by18 opinions
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