Pickens v. State

Citations

• 61 Miss. 52

Syllabus

<p>1. Murder. Self-defense. Instructions. If a homicide with a deadly weapon is, on the evidence, either an act of self-defense or a murder, it is erroneous to charge that where express malice is shown no mere provocation at the time will relieve the killing of the character of murder. Cannon v. State, 57 Miss. 147, followed.</p> <p>2. Same. Manslaughter. Provocation. Such an instruction is proper where there is proof of an altercation between the parties and blows, and the question is whether tire act of killing sprang from the heat of passion thus engendered, or from the previous grudge.— Higgs v. State, 30 Miss. 635, distinguished.</p>