Patterson v. State

Citations

• 75 Miss. 670

Syllabus

<p>1. Cbiminal Law. Murder. Provocation. Instructions.</p> <p>In a trial for murder it is error to charge the jury that if the accused invited or provoked the danger to which he was subjected by his adversary, he may not show that at the time of the killing he was acting in self-defense.</p> <p>2. Same. Hypothetical case.</p> <p>Where there is no evidence of provocation on the part of one accused of murder, it is error to instruct the jury hypothetically, as if the element of provocation might be found in the testimony.</p> <p>3. Same. Case.</p> <p>The facts that one accused of murder came out of his house with his gun, and, halting the deceased, with whom he was upon unfriendly terms, inquired why he was on his premises, are consistent with a lawful purpose and should not be treated in instructions to the jury as constituting per se provocation for the homicide.</p>