Jackson v. State

Citations

• 79 Miss. 42

Syllabus

<p>1. Homicide. Murder. Malice aforethought. Instruction.</p> <p>An instruction in a murder case to the effect that an unlawful act intentionally done is done with “malice aforethought” is erroneous in that it omits the essential idea of deliberation.</p> <p>2. Same. Apparent danger.</p> <p>One who has cause to believe and does believe that he is in imminent and immediate danger of being killed by another is excusable in taking the life of his adversary, even though there be in fact no such danger.</p>