Hawthorne v. State
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. U. M. Young, Judge. Samuel Hawthorne, having been convicted of murder, brought his case to- this court by writ of error, and assigned for error the action of the court below in giving the following instructions, amongst others, for the State : — “ 2. Murder is the killing of a human being with malice aforethought; and if the jury believe from the evidence, beyond every reasonable doubt arising therefrom, that the defendant…
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Error to the Circuit Court of Warren County. Hon. U. M. Young, Judge. Samuel Hawthorne, having been convicted of murder, brought his case to- this court by writ of error, and assigned for error the action of the court below in giving the following instructions, amongst others, for the State : — “ 2. Murder is the killing of a human being with malice aforethought; and if the jury believe from the evidence, beyond every reasonable doubt arising therefrom, that the defendant (Samuel Hawthorne) shot and killed the deceased, Lemuel McGee, and that the killing was done with malice aforethought,…
1Opinion of the CourtCampbell, J.
It is too late, by many years, to dispute here the propositions, that the law implies malice from the unlawful use of a deadhr weapon,-and that every homicide by the use of such weapon is presumed to be murder, and that “ malice aforethought ” is the same as “ deliberate design” or “premeditated design.”
*784There is no difference, in the definition of murder, between the act of February 15, 1839 (Hutch. Code, 954), and art. 165 of the Code of 1857 (p. 600), and sect. 2628 of the Code of 1871. There is a slight verbal difference between the first act mentioned and the others, but that makes no…
2Cases cited8 opinions
- Head v. StateMississippi Supreme Court · 1870
- Evans v. StateMississippi Supreme Court · 1870
- Green v. StateMississippi Supreme Court · 1872
- Riggs v. StateMississippi Supreme Court · 1872
- Scarver v. StateMississippi Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Johnson v. StateMississippi Supreme Court · 1985
- Hawthorne v. StateMississippi Supreme Court · 2003
- Blanks v. StateMississippi Supreme Court · 1989
- Windham v. StateMississippi Supreme Court · 1992
- Lamar v. StateMississippi Supreme Court · 1885
45 more not listed; retrieve them via the Exa API.