Rogers v. State

Citations

• 82 Miss. 479

Syllabus

<p>1. Criminal Law. Mwrder. Instruction. Self-defense.</p> <p>An instruction in a murder case is erroneous which denies defendant the right of self-defense, although he may have armed himself with a deadly weapon, intending to use it if necessary, and have been the aggressor in and provoker of the difficulty in which he killed deceased; the defendant had the right to abandon such intent and to show that the killing was not in pursuance of it.</p> <p>3. Same. Instruction must be predicated of evidence.</p> <p>An instruction, in the absence of evidence of which to predicate it, is erroneous.</p>