Johnson v. State

Citations

• 78 Miss. 627

Syllabus

<p>J.. Cbiminai, Law. Murder. Instructions.</p> <p>It is wise to use the words, “and not in necessary self-defense,” in instructions for the state in murder cases; but the omission of such words, if the instruction be otherwise correct, will not constitute reversible error.</p> <p>3. Same. Manslaughter.</p> <p>It is not error to refuse an instruction in a murder case informing . the jury that they may find the • accused guilty of manslaughter if, under the evidence, the jury could not rightfully so find.</p> <p>3. Same. Penalty.</p> <p>It is allowable alone in capital cases to instruct the jury touching the quantum of punishment, and then only to inform them, where the statute so provides, that, if they agree on so doing, they may, on conviction fix the'penalty at imprisonment for life.</p> <p>4. Instructions. Modifications. Code 1892, §732.</p> <p>A court under the statute (code 1892, $ 732) may not give instructions not asked in writing. It is authorized, hut not under obligation, to modify a requested instruction.</p>