Johnson v. State
Mississippi Supreme Court
Feom the circuit court of Noxubee county. Hon. G-. B. Huddleston, Judge. The appellant, Johnson, was indicted for the murder of one Jared Jordan.
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Feom the circuit court of Noxubee county. Hon. G-. B. Huddleston, Judge. The appellant, Johnson, was indicted for the murder of one Jared Jordan. The instructions for the state, mentioned in the opinion of the court, are as follows: “1. If the jury believe, from the evidence, beyond all reasonable doubt, that the defendant, Beverly Johnson, shot and killed Jared Jordan with a pistol, and not in necessary self-defense, they should find the defendant guilty as charged. ’ ’ “2. The jury are authorized, under the law, in all capital cases, to fix the punishment at imprisonment in the state…
1Opinion of the CourtWhitfield, J.
A more unsatisfactory case, on the testimony, was, perhaps, never presented to an appellate tribunal. There was not a charge given on either side as to manslaughter, and yet, on the proof, we think there might have been properly a verdict of manslaughter.- We do not mean to say that a verdict of murder would be improper, on the testimony, if there had been no error of law; but, since a verdict of manslaughter might also be upheld, it was, in the distressingly conflicting state of the evidence, to the last, degree important that no error of law should have been committed. The third instruction…
2Cited by9 opinions
- McMullen v. StateMississippi Supreme Court · 1974
- Tatum v. StateMississippi Supreme Court · 1926
- Martin v. StateMississippi Supreme Court · 1916
- Allen v. StateMississippi Supreme Court · 1925
- Farr v. StateMississippi Supreme Court · 1946
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