Murphy v. State
Mississippi Supreme Court
From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, the appellant, was indicted and tried for the murder of Joseph Hagan, was convicted of manslaughter and sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing occurred in Tazoo City at the close of a heated municipal election. The testimony was sharp and conflicting.
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From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, the appellant, was indicted and tried for the murder of Joseph Hagan, was convicted of manslaughter and sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing occurred in Tazoo City at the close of a heated municipal election. The testimony was sharp and conflicting. The state’s theory of the facts was that appellant and others were standing in front of the courthouse, where ballots were being counted, when ITagan, partially intoxicated, passed by, shouting for one of the…
1Opinion of the CourtWhitfield, C. J.
The third instruction given for the state is in the following words:.■ “The court instructs the jury that every willful killing of a human being is either murder or manslaughter — murder, if done deliberately; manslaughter, if done without any deliberation whatever. And the deliberation necessary to constitute murder need only to exist for an instant before the fatal shot is fired.”
This is so palpably erroneous as to need no discussion.' Every killing in self-defense is deliberately and intentionally done.
The tenth instruction for the state is in the following words:
“The court instructs the…
2Cited by3 opinions
- Holderfield v. StateMississippi Supreme Court · 1952
- Boyles v. StateMississippi Supreme Court · 1969
- Barnes v. StateMississippi Supreme Court · 1918