Ingram v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Calvin Ingram was indicted for the murder of Jack Ingram. The killing was not denied by the accused. It was witnessed by the wife and little son of deceased and the wife of the accused. The first two named testified for the State and the latter for the defendant, who also testified. The evidence as to the circumstances attending the killing was broadly conflicting.
Read the full summary
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Calvin Ingram was indicted for the murder of Jack Ingram. The killing was not denied by the accused. It was witnessed by the wife and little son of deceased and the wife of the accused. The first two named testified for the State and the latter for the defendant, who also testified. The evidence as to the circumstances attending the killing was broadly conflicting. For the State the court gave, among others, the following instructions : “ 3. Every killing is presumed to be malicious and amounting to murder until…
1Opinion of the CourtCampbell, C. J.
The third instruction for the State is subject to one of the grounds-of objection for which the fifth instruction for the State in Hawthorne v. The State, 58 Miss. 778, was condemned, i. e., it makes it incumbent on the defendant to produce in evidence circumstances of alleviation, excuse, or justification to the satisfaction of the jury. An instruction very much like this was approved in Harris v. The State, 47 Miss. 318, but we, nevertheless, disapprove it.
The sixth instruction for the State told the jury that the defendant must have been in actual danger at the time of the killing to…
2Cases cited2 opinions
- Hawthorne v. StateMississippi Supreme Court · 1881
- Harris v. StateMississippi Supreme Court · 1872
3Cited by10 opinions
- Lamar v. StateMississippi Supreme Court · 1885
- Robinson v. StateMississippi Supreme Court · 1983
- Scott v. StateMississippi Supreme Court · 1984
- Scott v. StateMississippi Supreme Court · 1948
- Bell v. StateMississippi Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.