Ervin v. State
Mississippi Supreme Court
Appeal from circuit court of Carroll county. TIon. T. L. Lamb, Judge. Lem Ervin was convicted of manslaughter and he appeals.
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Appeal from circuit court of Carroll county. TIon. T. L. Lamb, Judge. Lem Ervin was convicted of manslaughter and he appeals. Instruction No. 1 for the -state attempted to define manslaughter and was in the following language: “The court instructs the jury for the state, that if you believe from the evidence beyond a reasonable doubt that the defendant killed the deceased in the heat of passion, without malice, at a time when he was in no danger real or apparent of losing his life or of receiving great bodily harm at the hands of the deceased, you will find him guilty of manslaughter . . .”…
1Opinion of the CourtSykes, J.
The appellant, Lem Ervin, was convicted in the circuit court of Carroll county of manslaughter. There are but two assignments of error necessary to consider on this appeal: First, the appellant claims that he should have had a peremptory instruction in his favor; second, that the state obtained an erroneous instruction upon manslaughter.
Upon the first proposition: The testimony for the state is to the effect that the appellant was being pursued by the deceased with an ax. That appellant stopped and in a scuffle threw the deceased down, wrenched the ax out of his lands, and while deceased was…
2Cases cited5 opinions
- McNeal v. StateMississippi Supreme Court · 1917
- Clanton v. CallenderMississippi Supreme Court · 1945
- Ivy v. StateMississippi Supreme Court · 1904
- Rutherford v. StateMississippi Supreme Court · 1911
- Barnes v. StateMississippi Supreme Court · 1918