Klyce v. State
Mississippi Supreme Court
Fkom the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. The appellant, Bowen Klyce, was indicted for the murder of one Elmer McAfee; was convicted of manslaughter and sentenced to the penitentiary for a term of twenty-five years, from which he appealed to the supreme court. The evidence was conflicting as to who was the aggressor in the fight. The other facts .are sufficiently stated in the opinion of the court.
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Fkom the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. The appellant, Bowen Klyce, was indicted for the murder of one Elmer McAfee; was convicted of manslaughter and sentenced to the penitentiary for a term of twenty-five years, from which he appealed to the supreme court. The evidence was conflicting as to who was the aggressor in the fight. The other facts .are sufficiently stated in the opinion of the court. The instructions referred to in the opinion are as follows: The first instruction given for the state: “1. The court charges the jury that manslaughter is the killing of…
1Opinion of the CourtCaehoon, J.
In this particular case we would not reverse because of the giving of the first instruction for the state. In many cases, however, a court might be compelled to reverse because of such a charge. We cannot see what that clause of the statutory definition of manslaughter in reference to killing in £ £ a cruel and unusual manner ’ ’ has to do with the case at°bar. Shooting a man with a pistol while the man, who was much the more powerful, was, according to the testimony of the defense, choking the slayer to death, can hardly be called ££ a cruel and un*454usual manner.” The second clause in the…
2Cited by9 opinions
- Owens v. CommonwealthSupreme Court of Virginia · 1947
- Vance v. StateMississippi Supreme Court · 1938
- People v. ShermanColorado Court of Appeals · 2001
- Gilcoat v. StateSupreme Court of Arkansas · 1922
- State v. PattonSupreme Court of Kansas · 1903
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