Murphy v. State

Citations

• 89 Miss. 827
• 42 So. 877

Syllabus

<p>1. Cbiminai. Law. Homicide. Willful JcilUng. Instruction.</p> <p>An instruction in a murder case announcing to the jury that every willful killing of a human being is either murder or manslaughter is erroneous, since it takes away the right of self-defense.</p> <p>2. Same. Reasonable doubt. Presumption of innocence.</p> <p>An instruction in a murder ease which ignores the presumption of innocence until guilt is established beyond every reasonable doubt, and requires the jury to have no reasonable doubt of guilt before they can acquit, is erroneous.</p> <p>3. Same. Conflicting instructions.</p> <p>An instruction for the state announcing the direct contrary of the law to be the law is not cured by one for defendant merely stating the law correctly.</p>