Ayers v. State

Citations

• 60 Miss. 709

Syllabus

<p>1.Criminal Law. Homicide. When not ly accident or misfortune. Sect. %879, Code 1880, construed.</p> <p>Where, in the trial of an indictment for murder, it is proven that the accused struck the deceased a blow with a dangerous weapon impelled- with such violence, as would ordinarily result in the infliction of serious injury, and-which, in fact, produced the death of the deceased, it cannot be said that the killing was the result of accident or misfortune within the meaning of sect. 2879 'of the Code of 1880, which provides that, “ the killing of a human being shall he excusable when committed by accident and misfortune, in the heat of'passion, upon any sudden and sufficient provocation.”</p> <p>2. Samk. Practice. Right of counsel to read law to jury.</p> <p>Where the court on the trial of a murder case has refused to give, in charge to the jury, a section of the Code not applicable to the case, it may also properly refuse to permit counsel to read the section to the jury, either as a part of his argument or as the law of the case.</p> <p>3. Same. Trespasser. Right of owner of premises to evict or restrain.</p> <p>The owner of property, on hrs own premises, has' the right by force to evict a trespasser therefrom, or to restrain the trespasser from injuring his person or property, and he is justified in arming himself with any weapon and in using it to the extent of slaying the trespasser if it should become necessary, in the progress of the difficulty, to protect his life or person from a felonious assault. \\</p> <p>4. Same. Assault in protecting.person or property. Effect on right of self-defence.</p> <p>The fact that the owner of property, on his- own premises, assaults a trespasser to protect Ms person or his property, does not deprive him of his right to defend himself against the violence of the trespasser induced by such assault.</p>