Cases Argued and Decided in the Supreme Court of Mississippi Volume 55

Cases Argued and Decided in the Supreme Court of Mississippi Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt:; but it is only in extreme cases that this may be done, and where to strike in anticipation is shown to have been necessary to one's self-defense. An instruction to this effect should never be given except where the evidence is calculated to create the belief that, but for the timely action of the accused. he would have been the victim of his adversary. Long v. The State, 52 Miss. 23. It was not error to refuse the seventh instruction asked by defendant, because, while it is strictly correct, it was unnecessary, for the reason that the principle it announces is contained in the eighth, tenth, and twelfth instructions given at the request of defendant, which state fairly and fully the rule of law embodied in the seventh instruction. It is not error to refuse to multiply instructions on the same principle. of law. The eighth instruction asked by defendant was refused as asked, but was modified by the court, by striking from it so much of it as coupled previous threats of the deceased, -that he intended to kill defendant, which had been communicated to defendant, with acts and appearances at the time of the killing indicating that deceased intended then to put such threats into execution, and, thus modified, the instruction was given. A man whose life has been threatened in such a manner as to excite his apprehension that the party threatening has a design to take his life or do him some great personal injury, is put upon his guard, and may justly be vigilant of every movement of him who has made the threat which has come to his knowledge, in order to guard successfully against its accomplishment; and if he who made the threat makes any demonstra Opinion of the Court. tion reasonably calculated to excite in the mind of the more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236782232
  • 9781236782236