Legal Opinion

Dye v. State

Mississippi Supreme Court

Decided October 15, 1921No. 22140PublishedCited by 17 opinions

On suggestion of error. The Avord felonious is defined by Webster as meaning malignant, malicious, villainous, traitorous and perfidious. Section 1345, HemingAvay’s Code, Section 1578, Code of 1906, defines felony as any violation of the law punishable by death or confinement in the penitentiary. Felonious homicide is the offense of killing a human creature Avithout excuse or justification.

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On suggestion of error. The Avord felonious is defined by Webster as meaning malignant, malicious, villainous, traitorous and perfidious. Section 1345, HemingAvay’s Code, Section 1578, Code of 1906, defines felony as any violation of the law punishable by death or confinement in the penitentiary. Felonious homicide is the offense of killing a human creature Avithout excuse or justification. There are two degrees of this offense, manslaughter and murder, and “feloniously” is an indispensable word in modern indictments for felony. Black’s Law Dictionary, page 483. So “felonious design or…

1Opinion of the CourtSykes, P. J.

The judgment of the lower court in this case was affirmed without a written opinion. In a suggestion of error it is earnestly insisted that the judgment should have been reversed and the cause remanded because of the following-instruction granted to the state: “The court instructs the jury for the state that the term ‘malice aforethought’ as used in these instructions, means the felonious design or purpose to effect the death of the person killed, and that it is sufficient in law if such purpose or design existed immediately before or at the time of the killing.”

It is true that this…

2Cases cited1 opinion

  1. Hawthorne v. StateMississippi Supreme Court · 1881

3Cited by17 opinions

  1. Johnson v. StateMississippi Supreme Court · 1985
  2. Hawthorne v. StateMississippi Supreme Court · 2003
  3. Windham v. StateMississippi Supreme Court · 1987
  4. Windham v. StateMississippi Supreme Court · 1992
  5. Lancaster v. StateMississippi Supreme Court · 1985

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