Ervin v. State

Citations

• 123 Miss. 139
• 85 So. 183

Syllabus

<p>1. Homicide. Instruction defining manslaughter held not erroneous despite omission, where only defense was self-defense.</p> <p>An instruction for the state defining “manslaughter” as killing “in the heat of passion without malice,” at a time when defendant was in no danger at the hands of deceased, but omitting “without authority of law,” was not erroneous where the only defense relied upon by the defendant was “self-defense.”</p> <p>2. Homicide. Cause of death as question for jury.</p> <p>In a trial for homicide, held on the evidence that it was a question of fact for the jury as to whether an ax wound inflicted by defendant or the prior striking of deceased in the stomach by a brick thrown by defendant was the cause of death.</p>