Dixon v. State

Citations

• 106 Miss. 697
• 64 So. 468

Syllabus

<p>1. Homicide. Instructions. Trial. Invited error. Code 1906, section 793.</p> <p>On the trial of a case of homicide an instruction that “if you believe from the evidence beyond a reasonable doubt that the defendant deliberately murdered the deceased, you will find him guilty, and may return either of the following verdicts” etc., was an incomplete definition of murder, because the hilling, however deliberate, was not murder unless it was done “without authority of law,” but this instruction does not attempt to define murder and the use of the word “deliberate” therein was simply surplusage.</p> <p>2. CrimiNai Law. Trial. Failure to define murder. Code 1906, section 793.</p> <p>Under Code 1906, section 793 forbidding the court to grant instructions not ashed for, the failure of the court to give an instruction defining murder, where neither party requests it is not error.</p> <p>3. Criminal Law. Trial. Instructions. Invited error.</p> <p>Where an instruction is granted at defendant’s request he cannot complain.</p>