Ealy v. State

Citations

• 128 Miss. 715
• 91 So. 417

Syllabus

<p>1. Homicide. Preliminary examination held to show competency of dying declarations.</p> <p>Where several dying declarations of a deceased are offered in evidence, a statement by the declarant, to one who was endeavoring to encourage him to believe that he would live, that “I don’t know, I am feeling mighty bad,” will not be construed as an expression of hope of recovery, where all' the other testimony offered on the preliminary examination as to the competency of such dying declarations clearly shows that the declar-ant had a settled conviction that he was going to die, and that such declarations were made under the realization and solemn sense of impending death.</p> <p>2. Homicide. Failure to submit question of manslaughter not error, where state's evidence, if believed, established murder, amd defendant’s evidence, if believed, established self-defense.</p> <p>Where, in a trial for murder, the evidence for the state, if believed, makes a clear case of murder, and the evidence for the defendant, if believed, establishes a clear case of self-defense, failure to grant an instruction submitting to the jury the ques tion of manslaughter is not error.</p> <p>3. Homicide. Refusal of instruction, not supported Toy evidence, held proper.</p> <p>Instructions which are not supported by the evidence are properly refused.</p>