McPhay v. State

Citations

• 87 Miss. 456

Syllabus

<p>Criminal Law. Murder. Evidence. Issues.</p> <p>An issue as to whether a homicide was committed in resisting an unlawful arrest is not raised in a murder case where the testimony, on the one hand, tended to show that the deceased, a policeman, was shot by defendant when unaware of his presence, and, on the other, that deceased drew a pistol on defendant, causing him to fire in self-defense, not knowing at the time who deceased was, but supposing him to be another who had previously made threats against defendant.</p>