Jackson v. State
Mississippi Supreme Court
From the circuit court of Bolivar county. HoN. Frank E. LaNKIN, Judge. Jackson, the appellant, was indicted by the grand jury of Tunica county for the murder of one Ernest Mathews; on defendant’s application, the venue was changed to the circuit court of Bolivar county. Defendant was there tried, convicted of murder and sentenced to death, from which conviction and sentence he appealed to the supreme court.
Read the full summary
From the circuit court of Bolivar county. HoN. Frank E. LaNKIN, Judge. Jackson, the appellant, was indicted by the grand jury of Tunica county for the murder of one Ernest Mathews; on defendant’s application, the venue was changed to the circuit court of Bolivar county. Defendant was there tried, convicted of murder and sentenced to death, from which conviction and sentence he appealed to the supreme court. The only eye-witness to the killing testified that the homicide occurred about 10 o’clock at night in a tent; that he, with four or five others — all negroes — were in the tent, engaged in…
1Opinion of the CourtCalhooN, J.
We think that the objection of counsel to the record on the change of venue was untenable. On the testimony, the fourth instruction for the state was erroneous. It defines malice aforethought in its legal sense, as “an unlawful act intentionally done.” This leaves out the essential of deliberation, which must exist, though it need only be for a moment. One may intentionally kill another in a struggle in the heat of passion, and the killing be unlawful, and may yet be only manslaughter. This error was liable to be, and no doubt was, fatally damaging to the accused in this case, where the…
2Cited by6 opinions
- Robinson v. StateMississippi Supreme Court · 1983
- Briggins v. StateMississippi Supreme Court · 1982
- Ross v. StateMississippi Supreme Court · 1939
- Mills v. StateMississippi Supreme Court · 1944
- Combs v. StateMississippi Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.