McDonald v. State

Citations

• 78 Miss. 369

Syllabus

<p>1. Criminal Law. Instruction. Murder. Manslaughter.</p> <p>An instruction in a murder case which requires the jury to convict of murder where, on one phase of the testimony, the killing may have been done in the heat of passion on sudden provocation, is fatally erroneous.</p> <p>2. Same. Prosecuting officers warned.</p> <p>.Instructions of doubtful propriety should not be asked by the state in criminal trials.</p> <p>3. Same. Change of venue. Transmission of transcript. Presumption. Code 1892, g 1412.</p> <p>The presumption that the clerk of the circuit court from which the venue in a criminal case is changed did his duty, under code 1892,-g 1412, by sending the certified copy of the proceedings by a special messenger to the clerk of the court to which the cause is referred, is not overcome by the testimony of the latter clerk that he received it by mail.</p> <p>4. Same. Quaere.</p> <p>Whether the statutory mode of transmitting copy of record in case of change of venue in criminal cases, code 1892, § 1412, be mandatory or directory, quaere.</p>