Harris v. State

Citations

• 72 Miss. 99

Syllabus

<p>1. Homicide. Self-clefense. Evidence. Insln'ucbions.</p> <p>Although the evidence for the state may show a case of murder, if there is testimony to the effect that deceased was killed while trying to draw a pistol, when an effort was made by accused to arrest him, the court will not weigh the evidence, but should submit to the jury instructions on the right of self-defense, and admit evidence of threats made by deceased to kill anyone attempting to arrest him, leaving- the jury, on the whole case, to accept or reject defendant’s theory.</p> <p>2. Aehest. Private person. Justice %oarran%t.</p> <p>Where a private person deputized by a justice of the peace to execute a warrant of arrest issued by him, acts under the warrant in making the arrest, he is entitled to the protection afforded a de facto officer in serving a warrant.</p>