Butler v. State

The appellant was indicted and convicted of the murder of his brother in Lowndes county, Mississippi. The evidence shows that the two brothers met at the house of a third party on the occasion of the killing, and that they were friendly during the first part of the time they were together, but that a dispute arose between them and hot words passed, finally resulting in the appellant picking up a brickbat and throwing it at his brother, striking him on the head, from which lick he died during the following night.

Among the instructions asked for and refused the defendant, was one reading as…