Bang v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Jackson County. Hon. S. H. Teeral, Judge. Edmund Bang was indicted for the murder of James Ladner, was convicted and sentenced to be hung. He appealed to this court and assigned for error the action of the court below in giving the third and fourth instructions for the State, and in modifying the first instruction asked- by the appellant.
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Appeal from the Circuit Court of Jackson County. Hon. S. H. Teeral, Judge. Edmund Bang was indicted for the murder of James Ladner, was convicted and sentenced to be hung. He appealed to this court and assigned for error the action of the court below in giving the third and fourth instructions for the State, and in modifying the first instruction asked- by the appellant. The objectionable instructions given for the State are in the following language : — “3. The-bare fear of danger or of great bodily harm, unaccompanied by any overt act indicating a present intention to kill or'injure, will…
1Opinion of the CourtCampbell, C. J.
The third instruction for the State declares that “ there *574must be actual danger'at the time” to justify a killing, and the danger “ must be imminent, pressing and unavoidable.” The firjst, part quoted was condemned in Dyson v. The State, 26 Miss. 362, and the.other in Long v. The State, 52 Miss. 23.
The latter part of the fourth instruction,which announces that the danger to the accused, to justify him in killing, must have been “unavoidable” is objectionable. Long v. The State, supra. It is not true that the danger must be unavoidable to justify thh assailed from acting in his defence.…
2Cases cited2 opinions
- Long v. StateMississippi Supreme Court · 1876
- Dyson v. StateMississippi Supreme Court · 1872
3Cited by14 opinions
- Newell v. StateMississippi Supreme Court · 2010
- Robinson v. StateMississippi Supreme Court · 1983
- Scott v. StateMississippi Supreme Court · 1948
- Ellerbe v. StateMississippi Supreme Court · 1901
- Vance v. StateMississippi Supreme Court · 1938
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