Ellerbe v. State

Citations

• 79 Miss. 10

Syllabus

<p>1. Ceiminal Law. Homicide. Murder. Instruction. Penalty.</p> <p>An instruction in a murder case that if defendant is found guilty of manslaughter, the court may fine him not less than five hundred dollars, or imprison him in jail for one year, or sentence him to the penitentiary for not less than two years, is erroneous. The jury should not he instructed by the court touching the punishment for manslaughter.</p> <p>2. Same. Self defense.</p> <p>An instruction in a murder case, where self defense is relied on, that to make out the defense the danger to defendant must have been so urgent that there was no reasonable mode of escape except to kill the deceased, is erroneous. Bang v. State, 60 Miss., 571. '</p> <p>' 3. Same. Controverted facts.</p> <p>An instruction in a murder case which assumes as true matters which are controverted by the evidence is erroneous.</p> <p>4. Same. Reasonable doubt.</p> <p>An instruction in a criminal case defining a reasonable doubt as only requiring the jury to conscientiously believe, after comparing and considering all the evidence, that it establishes the guilt of the prisoner, is erroneous.</p>