Legal Opinion

Johnson v. State

Mississippi Supreme Court

Decided October 15, 1888PublishedCited by 8 opinions

Appeal from the circuit court of Holmes county. Hon. C. H. Campbell, Judge. Appellant was indicted and tried for murder. He was convicted of manslaughter, and appeals. The opinion of the court is confined to the consideration of the single instruction set out therein.

1Opinion of the CourtCooper, J.

This case furnishes another illustration of the danger of multiplying instructions in the trial of criminal causes. The facts given -in evidence were conflicting but not complicated. According to the witnesses for the state, the appellant sought the deceased when he was quietly, at work upon his own premises, and in malice arising from an old difficulty, murdered him as he sought safety in flight. According to the testimony of the defendant and his other, witnesses, it was shown that the parties had been unfriendly and that deceased had made threats to kill appellant; that appellant while…

2Cases cited5 opinions

  1. Keener v. StateSupreme Court of Georgia · 1855
  2. People v. ArnoldCalifornia Supreme Court · 1860
  3. Gill v. StaylorCourt of Appeals of Maryland · 1901
  4. Johnson v. StateMississippi Supreme Court · 1877
  5. Hawthorne v. StateMississippi Supreme Court · 1884

3Cited by8 opinions

  1. Wilson v. StateSupreme Court of Florida · 1892
  2. Brown v. StateMississippi Supreme Court · 1906
  3. State v. WootenSupreme Court of Louisiana · 1915
  4. Salmon v. StateMississippi Supreme Court · 1928
  5. Self v. StateMississippi Supreme Court · 1937

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