Harris v. State

Citations

• 47 Miss. 318

Syllabus

<p>1. Criminal law — murder—threats.—No mere threats by the deceased are admissible on a trial for murder in justification or palliation of tbe homicide, unless, in addition to such threats, there was also, at the time of the killing, some attempt or demonstration by the deceased showing a present purpose and immediate danger of carrying such threats into execution, or of doing the defendant some great bodily harm. Such threats, to be admissible, must be a part of the res gestee.</p> <p>2. Murder and manslaughter — instructions to jury. — It is error for the court, in a murder trial, to so instruct the jury as to exclude every fact save the mere killing. Such an instruction, in a doubtful case, or in one in which the jury may be thereby influenced to the injury of the accused, would be good ground for a new trial.</p> <p>3. Practice — erroneous instructions. — The accused, in a clear case of guilt, refused a new trial, notwithstanding some of the instructions given at the request of the state were erroneous.</p> <p>4. te Improper comments 55 by the presiding judge. — Comments and remarks by the court, in the presenoe of a jury, or in vindication of the dignity and impartiality of the court, when assailed, are no ground of error.</p>