Saffold v. State

Citations

• 76 Miss. 258

Syllabus

<p>1. Criminal Law. Deadly weapon. Ordinary pocketlenife. Instruction.</p> <p>An instruction that an ordinary pocketknife is not per se a deadly weapon, as a matter of law, should not be given. The jury should say, as a matter of fact, whether a weapon is or is not deadly.</p> <p>2. Same. Cowardice. Needless fear. Instruction.</p> <p>An instruction to the jury, that they should put themselves in plac? of defendant, and judge of his acts by the facts and circumstances by which he was surrounded, but should not give him the benefit of personal timidity or needless fear, is correct in the abstract; but such an instruction ought to conclude with words authorizing its application only if the personal timidity and needless fears are shown by the evidence beyond reasonable doubt.</p> <p>3. Same. Self-defense; right of, lost.</p> <p>An instruction to the effect that the right of self-defense is lost by one who originates a difficulty, and enters into it armed, intending to use the weapon if necessary to overcome his adversary, should not be given where there is a want of evidence that the accused began the difficulty.</p> <p>4. Criminal Procedure. Change of venue.</p> <p>Facts examined and conclusion reached that defendant’s application for a change of venue should have been granted.</p>