Rutherford v. State

Appeal from the circuit court of Tippah county. Hon. W. A. Roane, Judge. 'Alvie Rutherford was convicted of murder and appeals. Appellant assigns as error the granting of instruction No. 1, for the state, which is as follows: “The court ■charges the jury, for the state, that murder is the killing of a human being, by any means or in any manner, when done with the deliberate design to effect the death of the person killed; and, if the jury believe from the evidence in this case, beyond a reasonable doubt, that the defendant so killed deceased, then the jury, under their ■oaths, should find the…