McDonald v. State
Mississippi Supreme Court
From the circuit court of Union county. Hon. Z. M. Stephens, Judge. James McDonald, the appellant, was indicted by the grand jury of Benton county for the murder of .William Henry Harrison. He applied to the circuit court of that county for a change of venue, and the application was granted, the case being transferred for trial to the circuit court of Union county..
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From the circuit court of Union county. Hon. Z. M. Stephens, Judge. James McDonald, the appellant, was indicted by the grand jury of Benton county for the murder of .William Henry Harrison. He applied to the circuit court of that county for a change of venue, and the application was granted, the case being transferred for trial to the circuit court of Union county.. Thereupon the clerk of the circuit court of the first named county made a copy of the record in the cause, including the-indictment, duly certifying to the same, and it was received and filed in the circuit court to which the…
1Opinion of the CourtWhitfield, C. J.
The second instruction given for the state is fatally erroneous. The words 1 ‘ the offense, ” in the instruction, mean murder, and the effect of the instruction is to tell the jury that if “ the design to kill ’ ’ existed but an instant, at the very time the fatal blow was struck, the appellant was guilty of murder. Now, manifestly, the design to kill might exist, and the killing be merely manslaughter. This instruction pares away the rights of defendant, and requires the jury to convict of murder no matter what the provocation, and even though the killing was clone in the heat of passion and…
2Cases cited1 opinion
- Hawthorne v. StateMississippi Supreme Court · 1881
3Cited by15 opinions
- Windham v. StateMississippi Supreme Court · 1987
- Pittman v. StateMississippi Supreme Court · 1974
- Blanks v. StateMississippi Supreme Court · 1989
- Cook v. StateSupreme Court of Florida · 1903
- Pendergraft v. StateMississippi Supreme Court · 1966
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