Beasley v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. HoN, T. J. WhaetoN, Judge. George Beasley was indicted and tried for the murder of one Frank Starnes.
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Appeal from the Circuit Court of Copiah County. HoN, T. J. WhaetoN, Judge. George Beasley was indicted and tried for the murder of one Frank Starnes. The evidence presented by the State on the trial, which was circumstantial, tended to show that Beasley and Starnes were in the woods alone hunting when Beasley shot Starnes in the back of the head with his shotgun, and then took up the rifle which Starnes was carrying and shot him through the head with it, and that no shot was fired by Starnes. The defendant in his own behalf testified that he and Starnes were out hunting alone, and both sat…
1Opinion of the CourtCampbell, J.
The fourth instruction for the State is erroneous. It told the jury to convict of murder even if satisfied that the deceased had an instant before shot at and missed the accused, and that the accused fired the fatal shot instantly upon the deceased turning to run after this attempt on his life. It is true the word “ deliberately ” is in the instruction, but it is mockery of one shot at by an assailant to speak of his instantly acting deliberately in shooting at his assailant. Deliberation is not in the nature of things predicable of one in that situation. If fear be absent, passion and a…
2Cited by8 opinions
- Williams v. StateMississippi Supreme Court · 1920
- Godwin v. StateMississippi Supreme Court · 1896
- Ross v. StateMississippi Supreme Court · 1939
- Williams v. StateMississippi Supreme Court · 1907
- Combs v. StateMississippi Supreme Court · 1936
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