Godwin v. State

Citations

• 73 Miss. 873

Syllabus

<p>1. Criminal Law. Assault with intent to 1till. Instructions. Reasonable doubt.</p> <p>When, on a trial for assault with intent to kill and murder, there is evidence that the person alleged to have been assaulted had made threats against the accused which were communicated to him, and that he struck the accused, and threw his hand behind him as if to draw a pistol, whereupon the accused drew a pistol and shot him, and the court has refused all the instructions asked by the accused, it is error to instruct the jury to find the accused guilty, if they “believe certain facts from the evidence,” without anywhere charging them that such belief from the evidence should exclude every reasonable doubt.</p> <p>2. Same. Instructions. Belief without regard to the evidence.</p> <p>It is error to instruct a jury to convict the accused, if they “believe ” certain facts, without the qualification that such belief must arise from the evidence.</p> <p>3. Instructions. Self-defense. Actual danger.</p> <p>The actual danger of the accused is not an essential element of the right of self-defense, and it is error to so charge a jury on a trial for assault with intent to kill.</p> <p>4. Same. Shooting while adversary’s back is turned.</p> <p>That the accused shot at the person he is alleged to have assaulted with intent to kill while the latter’s back was turned, is not conclusive of his guilt as matter of law, and it is error to so charge the jury.</p> <p>5. Same. Deadly weapon. Presumption of malice.</p> <p>It is error to charge the jury, on a trial for assault with intent to kill, that “the use of a deadly weapon is a presumption of malice,” when all the circumstances attending the shooting are fully disclosed by the evidence.</p> <p>6. Same. Fragmentary statement of facts in instructions.</p> <p>It is error to direct a jury either to acquit or convict on part only of the facts necessary to any phase of the case.</p>