Molphus v. State

Citations

• 124 Miss. 584
• 87 So. 113

Syllabus

<p>1. Cbiminal Law. Witnesses. Instruction that jury must accept evidence of threats as true properly refused; rule as to disregarding testimony pf witness swearing falsely applies to defendant’s witnesses.</p> <p>The jury being the sole judge oí the credibility of the witness, it is not error for the court to. refuse to instruct them that they must accept as true evidence as to threats'. This is especially true where the witness testifying to threats are contradicted as to other material facts in evidence.</p> <p>2. Criminal Law. Homicide. Instruction as to right of defendant to carry concealed weapon properly refused.</p> <p>In the trial of a person for the killing of a human being, the lawfulness of carrying a weapon concealed is not involved, and the court may refuse to instruct the jury that, if threats were made against the accused, he had a right to carry concealed the weapon with which the1 killing was done. In such case, where the accused has gotten an instruction in general terms that he has such right in such case, it is not error to refuse an instruction applying to the concrete facts of the case.</p> <p>3. Homicide. Person whose life has been threatened cannot hill unless there is demonstration inducing reasonable man to believe that there is clanger; instruction that there is right to kill on first appearance 'of clanger properly refused.</p> <p>It is not error for the court to refuse to instruct the jury for the defendant that, where a person’s life had been threatened by another, the person whose life was threatened had a right to kill on the first appearance of danger, provided he reasonably believed at the time of the killing there was imminent danger of losing his life, and this is especially true where the court has given the law in charge as to apparent danger and as to the right to act on appearances where threats had been made.</p> <p>4. Homicide. Instruction that to justify shooting on apprehension of threats deceased must have made overt act