Prince v. State
Mississippi Supreme Court
From the circuit court of Union, county. Hon. William A. Roane, Judge. Prince, appellant, was indicted, tried and convicted of the murder of William McAllister, sentenced to the penitentiary for life and appealed to the supreme court. The facts of the case so far as pertinent to the decision made are sufficiently-shown by the opinion of the court.
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From the circuit court of Union, county. Hon. William A. Roane, Judge. Prince, appellant, was indicted, tried and convicted of the murder of William McAllister, sentenced to the penitentiary for life and appealed to the supreme court. The facts of the case so far as pertinent to the decision made are sufficiently-shown by the opinion of the court. The second instruction for the state tells the jury to find defendant guilty of murder if they believe from the evidence beyond every reasonable doubt that defendant killed McAllister while defendant was in an attempt to commit burglary. There was…
1Opinion of the CourtWhitfield, C. J.
The first instruction given for the state is, on the whole of this case, manifestly erroneous. There is no evidence whatever in this record of any attempt to commit burglary on the part of the appellant. That instruction is in these words: “The court instructs the jury that if they believe from the evidence, beyond every reasonable doubt arising out of the evidence, that the de*266fendant shot, and killed the deceased, William McAllister, while he, the defendant, was in an attempt to commit burglary, then the jury will find the defendant guilty of murder.” We would not, however, reverse for this…
2Cases cited3 opinions
- Yarbrough v. StateMississippi Supreme Court · 1893
- Reddick v. StateMississippi Supreme Court · 1895
- Sanders v. StateMississippi Supreme Court · 1895
3Cited by20 opinions
- Griffin v. StateMississippi Supreme Court · 1990
- Livingston v. StateMississippi Supreme Court · 1988
- Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
- Ponder v. StateMississippi Supreme Court · 1976
- Monroe v. StateMississippi Supreme Court · 1987
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