Jackson v. State

Citations

• 66 Miss. 89

Syllabus

<p>1. Criminal Law. Evidence. Declarations of accused. Newspaper report of interview.</p> <p>A witness for the state may read to the j ury a newspaper report of an interview formerly had between himself and accused relative to the facts of the alleged offense, where the witness has no independent recollection of what was said, if he knows that it was taken down by him at the time substantially as stated, and published', and he is willing to adopt the report as his testimony; and this, notwithstanding, he cannot affirm that the report is verbally accurate, or that it contains all that the prisoner said. 15 Am. Dec. 194.</p> <p>2. Killing Fleeing Felon.</p> <p>By the common law, it is lawful to kill a fleeing felon when he cannot be-otherwise taken, and the necessity of such killing is a fact for the jury to-determine. Our statute, § 2878, code 1880, is merely declaratory of the common law on this subject.</p> <p>3. Instruction on Weight oe Evidence.</p> <p>An instruction is erroneous which directs a conviction, if the jury believes certain evidence stated in it, and does not have reference to all the circumstances attending the parties as shown in the evidence.</p> <p>4. Justifiable Homicide.</p> <p>In such a case, an instruction that if the jury believe from the evidence that such killing was probably necessary in order to prevent the escape of the fleeing felon, they should acquit, should be granted.</p> <p>5. Same. Evidence.</p> <p>Where the defense is that the killing was justifiable because the deceased was a felon resisting arrest under a warrant, it is proper to exclude all evidence of directions given to defendant at the time 'the warrant was placed in his hands.</p>