Ellerbe v. State
Mississippi Supreme Court
From the circuit court of Scott county. HoN. John R. Enochs, Judge. For a previous report of the case, see Ellerbe v. State, 75 Miss., 522. Appellant, Ellerbe, was indicted for the murder of one J. P. Steele at the April, 1897, term of the circuit court of Lauderdale county. A change of venue was granted, and the cause removed to the circuit court of Scott county, where a trial was had.
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From the circuit court of Scott county. HoN. John R. Enochs, Judge. For a previous report of the case, see Ellerbe v. State, 75 Miss., 522. Appellant, Ellerbe, was indicted for the murder of one J. P. Steele at the April, 1897, term of the circuit court of Lauderdale county. A change of venue was granted, and the cause removed to the circuit court of Scott county, where a trial was had. A short time before the homicide appellant and deceased had a difficulty, and deceased made some threats that he was going to shoot appellant; appellant, on the night of the killing, walked into a restaurant…
1Opinion of the CourtCalhooN, J.
This is an indictment for murder and a conviction of manslaughter. The entire defense was put on the ground that the killing was justifiable, and in self-defense. In this condition the state asked an instruction, numbered 3, in these words : “ The court instructs the jury that they may find either one of the four following verdicts : First. ‘ We, the jury, find the *17defendant guilty as charged in the indictment.’ Under this verdict the punishment is death. Second. ‘We, the jury, find the defendant guilty as charged in the indictment, and fix his punishment at imprisonment in the penitentiary…
2Cases cited2 opinions
- Bang v. StateMississippi Supreme Court · 1882
- Powers v. StateMississippi Supreme Court · 1897
3Cited by17 opinions
- Cook v. StateMississippi Supreme Court · 1985
- Dickins v. StateMississippi Supreme Court · 1949
- Vance v. StateMississippi Supreme Court · 1938
- Abney v. StateMississippi Supreme Court · 1920
- Dixon v. StateMississippi Supreme Court · 1975
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