Bang v. State

Citations

• 60 Miss. 571

Syllabus

<p>1. Criminal Law. Homicide. Actual danger. ¡Bitting unavoidable. Instruction.</p> <p>In the trial of an indictment for homicide, it is error for the court to instruct the jury, on behalf of State, that “ there must be actual danger at the time ” to justify a killing, and that the danger “must be imminent, pressing and unavoidable.” The danger to the slayer need not be actual (Dyson v. The State, 26 Miss. 362), nor the killing unavoidable, to justify a homicide. Long v. The State, 52 Miss. 26. . . '</p> <p>2. Same. Homicide. Deceased being unarmed. Justification of slayer.</p> <p>Where A. is assailed by B., whose conduct indicates his intention and ability to immediately do A. some great bodily harm, and A., having good ground to believe, and in fact believing, that he is in immediate danger of the accomplishment of B.’s purpose, slays the latter, the killing is justifiable, notwithstanding the fact that B. had no deadly weapon when he was slain, if his slayer was ignorant of that fact.</p>