Legal Opinion

Kendrick v. State

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 16 opinions

Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. The plaintiff in error was indicted for the murder of William ■S. Chambers. The evidence in the case and the’facts proven are sufficiently set forth in the opinion of the court.

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Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. The plaintiff in error was indicted for the murder of William ■S. Chambers. The evidence in the case and the’facts proven are sufficiently set forth in the opinion of the court. The fifth instruction given for the state was as follows : “If the jury believe from the evidence that John C. Kendrick killed William S. Chambers, as charged, in order to make such killing justifiable on the ground of self-defense, the danger must have been either actual, present, and urgent, or the defendant must have had reasonable grounds…

1Opinion of the CourtCampbell, J.

The fifth instruction for the state was properly given. The criticism upon it by counsel for plaintiff in error is because of the.concluding part of it, which announces that the “mere fear, or apprehension, or belief, however sincerely entertained” by the accused that Chambers designed to take his life, did not justify the accused in killing him.

Certainly, unless appearances at the time were reasonably calculated to excite the apprehension of the accused that Chambers was about to do him some great personal injury, he was not justified in killing him.

• His mere fear, or apprehension, or…

2Cases cited4 opinions

  1. Long v. StateMississippi Supreme Court · 1876
  2. Head v. StateMississippi Supreme Court · 1870
  3. Dyson v. StateMississippi Supreme Court · 1872
  4. Wesley v. StateMississippi Supreme Court · 1872

3Cited by16 opinions

  1. Flowers v. StateMississippi Supreme Court · 1985
  2. Shinall v. StateMississippi Supreme Court · 1967
  3. Brown v. StateMississippi Supreme Court · 1906
  4. Callas v. StateMississippi Supreme Court · 1928
  5. Mayes v. StateMississippi Supreme Court · 1886

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