Herring v. State
Mississippi Supreme Court
From: the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Herring, the appellant, was indicted for murder, was tried therefor and convicted of manslaughter, and appealed to the supreme court. The opinion of the court sufficiently states the case. The second instruction for the state does not correctly announce the principle of law applicable to such cases as the instant one.
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From: the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Herring, the appellant, was indicted for murder, was tried therefor and convicted of manslaughter, and appealed to the supreme court. The opinion of the court sufficiently states the case. The second instruction for the state does not correctly announce the principle of law applicable to such cases as the instant one. That principle is announced by this court in Brine’s case, 73 Miss., 842 (s.c., 19 South. Rep., 711), and in several cases since. Lofton v. State, 79 Miss., 723 (s.c., 31 South. Rep., 420) ; Pulpus v.…
1Opinion of the Court
Cali-ioon, J\,
delivered the opinion of the court.
While we agree with the assistant attorney-general, in his lucid and frank brief, that this seems to be a case of deliberate murder, still we are not the jury, and cannot close our eyes to the fact that there was evidence tending to show self-defense. This being true, it was clearly erroneous to give instruction number two for the state, as follows:
“The court instructs the jury, for the state, that one who is the aggressor in a difficulty, and who arms himself with a deadly weapon for the purpose of overcoming his antagonist in the combat,…
2Cases cited4 opinions
- Lofton v. StateMississippi Supreme Court · 1901
- Pulpus v. StateMississippi Supreme Court · 1903
- Jones v. StateMississippi Supreme Court · 1904
- Cooper v. StateMississippi Supreme Court · 1902
3Cited by4 opinions
- Peterson v. StateMississippi Supreme Court · 1978
- Lambert v. StateMississippi Supreme Court · 1946
- Garner v. StateMississippi Supreme Court · 1908
- Schwartz & Ferry v. LamulleLouisiana Court of Appeal · 1925