Evans v. State

Citations

• 44 Miss. 762

Syllabus

<p>1. Homicide — Self-defense—1Threats.—1Throats however, deliberately made, do not justify an assault and battery, much less the taking the life of the party making them.</p> <p>2. Same — “ Apparent dancer ” defined. — When we use the term “ apparent danger,” we moan such overt actual demonstration, by conduct and acts, of a design to take life, or do some groat personal injury, as would make the killing apparently necessary to solf-preservation.</p> <p>3. Evidence — Respecting selections of competent evidence — Rode in appellate court. — If excluded testimony, had it remained ’ for the consideration of the jury, would have had no influence on the verdict, the supreme court will not remand a caso, on account of its rejection.</p> <p>4. Instructions — Office of judge. — It is the duty of the judge to inform the jury of the law of the case, when invited so to do by either party. He is not confined to granting or refusing instructions in the language in which they are propounded. Nor is ho obliged to grant an instruction embodying a correct principle, if that principle can have no application to tile facts in the case.</p> <p>5. Instructions to be construed together. — All the charges are to be construed together, as of pari materia, one as modifying another, so as to seo whether, as an entriety, they correctly lay down tholaw, and if so, although a single instruction may be too broad in its terms, a reversal ought not to take place.</p> <p>6. Instructions — Immaterial error. — “ If the error be immaterial and irrelevant, and justico has been done, the court will not set aside the verdict, nor enter into, a discussion of the questions of law.” Wharton’s Am. Or. L., § 3080.</p> <p>7. Homicide — Sele-deeense—Apparent danger. — “ A party may have a lively apprehension that his lifo is in danger, and believe that the ground of his apprehension is just androasonable ; but if he act upon them, and take the life of a human being, he does so at his peril. Ho is not the final