Jones v. State

Citations

• 70 Miss. 401

Syllabus

<p>1. Evidence. Dying declaration. Credit of. Circumstances.</p> <p>On a murder trial it is proper to instruct that the jury may consider all the circumstances under which a dying declaration in evidence was made, and give it such credit as the jury may think it fairly entitled to in the light of all the evidence, as in case of the testimony of a witness.</p> <p>2. Instruction. Murder. Conviction of manslaughter.</p> <p>One tried for murder, but convicted of manslaughter only, cannot complain of a charge, warranted by the evidence, instructing-the jury as to a conviction for murder.</p> <p>3. Instruction. Murder. Joint design to kill.</p> <p>On the trial of two persons for murder, an instruction that if they, or either of them, shot and killed deceased, and that before, or at the time, the shots were fired defendants had formed in their minds a premeditated design to kill deceased, and that the shots were fired in furtherance of such design, without legal excuse, they should be convicted of murder, though subject to criticism, by fair construction means the same as if the language had been “ if defendants, together or jointly, had formed the design.” Brabston v. State, 08 Miss., 208, distinguished.</p>