Virgil v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiab County. Hon. T. J. Whabton, Judge. Amos Yirgil was indicted for tbe murder of Prince Williams, ¡an infant, who was burned to death on the 15th of October, 1885, in a house which was consumed by fire. The defendant plead “ not guilty.” The question controverted in the evidence adduced at the trial was whether the accused fired the house the burning of which ■caused the death of the infant.
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Appeal from the Circuit Court of Copiab County. Hon. T. J. Whabton, Judge. Amos Yirgil was indicted for tbe murder of Prince Williams, ¡an infant, who was burned to death on the 15th of October, 1885, in a house which was consumed by fire. The defendant plead “ not guilty.” The question controverted in the evidence adduced at the trial was whether the accused fired the house the burning of which ■caused the death of the infant. The second instruction given for the State was in the following language: “ The jury have the power to find the defendant guilty •of manslaughter, under this…
1Opinion of the CourtCampbell, J.
It was error to instruct the jury that it might find the defendant guilty of manslaughter. Such an instruction is, ordinarily, free from objection in trials for murder, because it is favorable to the defendant, who may not complain if a more favorable view is taken of his case than the facts justify, but in this case the issue was, who *320committed the act which caused the death? There could not be any difference of opinion as to the grade of the offence of the perpetrator. It was an atrocious murder, and while a verdict of guilty of manslaughter given by a jury, without instruction in such…
2Cited by6 opinions
- Calicoat v. StateMississippi Supreme Court · 1922
- Lowry v. StateMississippi Supreme Court · 1947
- Taylor v. StateMississippi Supreme Court · 1927
- Walker v. StateMississippi Supreme Court · 1920
- Blalock v. StateMississippi Supreme Court · 1927
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