Scott v. State

Citations

• 56 Miss. 287

Syllabus

<p>1. Instructions. Judicial discretion.</p> <p>The circuit judge may carefully scrutinize the requests of charges, and, to insure an accurate and complete statement of the law, may give them in language of his own selection.</p> <p>2. Murker. Self-defence. Overt act.</p> <p>To justify homicide on the plea of self-defence, under the Code of 1871, sect. 2631, there must be something in the acts and conduct, of the deceased indicating a present intention to kill, or do some great personal injury to the slayer, and imminent danger of such intention being accomplished. Mere fears of such design, or apprehension that it will be put in execution, will not make out the defence. The slayer may act on appearances, but such appearances must indicate the danger.</p> <p>'3. Evidence. Res gestae.</p> <p>Under an indictment for murder, where the evidence is conflicting, some of it tending to prove that the defendant killed the deceased without provocation, and other parts tending to prove that the deceased first attacked the accused with a pole, it is error to exclude testimony that, on the evening of the day of the combat, a bruise, which seemed to be freshly made, was seen on the side of the defendant’s head, although the counsel for the prisoner admit that he could make no proof by other evidence that the bruise was received in the combat.</p>