Garner v. State
Mississippi Supreme Court
From the circuit court of Jefferson Davis county. Hon. Bobert L. Bullard, Judge. Garner, appellant, was indicted and tried for an assault and battery with intent to murder one, Clark, was convicted and sentenced to the penitentiary for two years, and appealed to the supreme court. Appellant and Clark had a fight near the railroad depot in the village of White Sand.
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From the circuit court of Jefferson Davis county. Hon. Bobert L. Bullard, Judge. Garner, appellant, was indicted and tried for an assault and battery with intent to murder one, Clark, was convicted and sentenced to the penitentiary for two years, and appealed to the supreme court. Appellant and Clark had a fight near the railroad depot in the village of White Sand. Hpon the separation of the combatants the appellant, with a threat to kill Clark, went to his home, a few hundred yards away, secured a gun and came back with it to the scene of the difficulty. While appellant was looking into the…
1Opinion of the CourtWhitfield, C. J.
The instruction given for the state, informing the jury that on the facts in the case defendant was estopped to plead self-defense, was manifestly erroneous. Herring v. State, 87 Miss. 628, 40 South. 230; Lofton v. State, 79 Miss. 723; 31 South. 420; Cooper v. State, 80 Miss. 175, 31 South. 579; Pulpus v. State, 82 Miss. 548, 34 South. 2; Jones v. State, 84 Miss. 194, 36 South. 243.
The modification of the fourth instruction was for the same reason erroneous.
Reversed and remanded.
2Cases cited5 opinions
- Lofton v. StateMississippi Supreme Court · 1901
- Pulpus v. StateMississippi Supreme Court · 1903
- Jones v. StateMississippi Supreme Court · 1904
- Cooper v. StateMississippi Supreme Court · 1902
- Herring v. StateMississippi Supreme Court · 1905
3Cited by10 opinions
- Hart v. StateMississippi Supreme Court · 1994
- Keys v. StateMississippi Supreme Court · 1994
- Parker v. StateMississippi Supreme Court · 1981
- Hall v. StateMississippi Supreme Court · 1982
- Thompson v. StateMississippi Supreme Court · 1992
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