Garner v. State

Citations

• 93 Miss. 843
• 47 So. 500

Syllabus

<p>1. Criminal Law and Procedure. Assault and battery with intent to-murder. Previous difficulty. Renewal. Self-defense.. Estoppel.</p> <p>A defendant is not precluded from claiming that be acted in self-defense because after a previous difficulty be armed himself and sought bis adversary to renew tbe conflict, if while so doing he-was fired upon by him, and thereupon shot and wounded him, not in pursuance of an original intent to kill.</p> <p>2. Same. Instruction.</p> <p>In such case a defendant’s instruction warranting an acquittal if the jury should believe he did not shoot in pursuance of the original intent to kill, but because at the time he was in danger of loosing his own life, should not be modified by adding thereto the words “without fault in himself in bringing on the difficulty.” *</p>