Fletcher v. State

Citations

• 129 Miss. 207
• 91 So. 338

Syllabus

<p>Homicide. Killing held to amount to no more than manslaughter, where defendant loas resisting unlawful act.</p> <p>Where the deceased, after directing the defendant to do an act, undertakes to take from the defendant unlawfully a gun with which the defendant is armed, and in order to secure the gun draws, or attempts to draw, a pistol, and is shot by the defendant in resisting such unlawful act, a conviction of murder will be set aside. At most, such killing will not amount to more than manslaughter.</p> <p>Smith, C. J., dissenting.</p>