McLaurin v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Smith County. HoN. A. Gr. Mayers, Judge. Seabron McLaurin was charged with killing Anne Wright and was indicted for murder.
Read the full summary
Appeal from the Circuit Court of Smith County. HoN. A. Gr. Mayers, Judge. Seabron McLaurin was charged with killing Anne Wright and was indicted for murder. The evidence given for the State on the trial tended to show that there had been trouble for some time between the families of McLaurin and Wright; that some three weeks before the killing McLaurin .had threatened that he would shoot Anne Wright’s “head off before the year was out;” that the night before the day of the killing the husband of Anne Wright and the wife of McLaurin had a quarrel at the house of the latter; that on the day of…
1Opinion of the Court
ARNOLD, J:,
delivered the opinion of the court.
The court should have instructed the jury as requested by appellant, that the offense was manslaughter and not murder, if they believed from the evidence it was committed without malice and in t"he heat of passion, produced by the provocation shown in the *533record. It is true that appellant’s wife was the aggressor in the ■difficulty, but all the witnesses concur in saying that she attacked ■deceased with her hands, and manifested no purpose to fight otherwise, or to kill or do great personal injury. Her assault was returned by deceased with a…
2Cases cited1 opinion
- Cannon v. StateMississippi Supreme Court · 1879
3Cited by1 opinion
- State v. TurnerSupreme Court of Missouri · 1912