Ayers v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lafayette County. Hon. W. S. Featherstojx , Judge. Appellant was indicted for murder in the killing of H. B. Boon.
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Appeal from the Circuit Court of Lafayette County. Hon. W. S. Featherstojx , Judge. Appellant was indicted for murder in the killing of H. B. Boon. He was a tenant of Mrs. Boon, wife of deceased, and was indebted to deceased for supplies furnished during the year 1882. The deceased went to the house where the accused kept his corn for the purpose of taking possession of it, and was in the act of locking up the house in which the corn was, when the accused came up behind him, and struck him two severe blows upon the head with a billet of wood, five or six inches in width and several feet in…
1Opinion of the CourtCooper, J.
The court did not err in declining to charge the jury with reference to the homicide as one which under any phase of the evidence could be considered as falling within those which, by sect. 2879 of the Code of 1880, are made excusable ; it cannot be said that the killing was by “ accident or misfortune ” in the sense in which these words are used in said section. The weapon used by the' accused was a dangerous weapon, used with such violence as would ordinarily result in the infliction of serious injury, and was intentionally used b}' him. Under such circumstances where death follows it…
2Cited by16 opinions
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