Riley v. State

Citations

• 109 Miss. 286
• 68 So. 250

Syllabus

<p>Homicide. Trial. Instruction. Use of deadly weapons. . Presumption of malice.</p> <p>In a prosecution for murder, where the evidence warranted a belief that deceased was' the aggressor, an instruction for the state “that the law presumes malice from the deliberate and unlawful use of a deadly weapon whereby life is taken, and the presumption of law will prevail, unless overthrown by the facts and circumstances in evidence” was improper as assuming that the fatal shot was deliberately and unlawfully fired, creating a presumption of guilt for defendant to overcome, in violation of his right to acquittal if there was a reasonable doubt of his guilt.</p> <p>ON MOTION FOE DISCHARGE.</p> <p>1. Homicide. Use of deadly weapon. Presumption of malice.</p> <p>Where the killing of a human being is with a deadly weapon, if unexplained, the jury would be warranted in inferring malice.</p> <p>2. Homicide. Self-defense. Sufficiency of evidence.</p> <p>On motion to discharge the defendant after reversal of conviction, the court held that the evidence showed that he had acted in self-defense and discharged him from custody.</p>