Lofton v. State
Mississippi Supreme Court
Feom: the circuit court of Tazoo county. iloN. Eobeet Powell, Judge. Appellant was indicted at tbe August, 1901, term of tbe circuit court of Yazoo county on a charge of tbe murder of one Peter Stiff, was tried at tbe September term of said court, and convicted.
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Feom: the circuit court of Tazoo county. iloN. Eobeet Powell, Judge. Appellant was indicted at tbe August, 1901, term of tbe circuit court of Yazoo county on a charge of tbe murder of one Peter Stiff, was tried at tbe September term of said court, and convicted. From tbe evidence adduced by tbe state it appears that the defendant and deceased liad bad some angry words a short time before the killing, at or near a “deadening,” about-one mile from the place of the homicide; that the defendant left the place of the first difficulty, saying he would see deceased again; that the defendant was next…
1Opinion of the Court
Whitfiekd, O. J.,
delivered the opinion of the court.
The second instruction for the state is erroneous in its closing paragraph. “Purpose to kill,’- merely, is not the equivalent of the malice aforethought necessary to constitute murder. Every one who takes life in self-defense has the “purpose to kill.” We would not, however, reverse for this error alone, since it is not probable the jury were misled by this inaccuracy of expression.
But the third instruction for the state is fatally erroneous, in attempting to inform the jury when the defendant would be estopped to plead self-defense, without…
2Cited by29 opinions
- Hart v. StateMississippi Supreme Court · 1994
- Lancaster v. StateMississippi Supreme Court · 1985
- Cook v. StateSupreme Court of Florida · 1903
- Keys v. StateMississippi Supreme Court · 1994
- Harper v. StateMississippi Supreme Court · 1903
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