Sullivan v. State

Citations

• 85 Miss. 149

Syllabus

<p>1. Criminal.Law. Mhtrrder. Conspiracy. Instruction.</p> <p>The principle that where parties combine to commit crime the law imputes the guilt of each to all thus engaged and holds all to be guilty of any crime committed by either in the execution of the common purpose is founded upon the idea that a common intent to do some unlawful act existed in the minds of the parties prior to the commission of the crime which results from the combination; hence an instruction which seeks to apply the principle in the absence of evidence of such common intent to do' an unlawful act is erroneous.</p> <p>2. Same. Self-defense.</p> <p>Where in a murder case the defense is not predicated of self-defense it is erroneous to give an instruction to the effect that self-defense can only be availed of under certain circumstances of which' there was no evidence.</p> <p>3. Same.</p> <p>On prosecution for murder in a difficulty between deceased and defendant and his son, an instruction authorizing conviction if the son killed deceased, not in necessary self-defense, if defends ant aided in such killing, though deceased provoked the difficulty with defendant or the son, provided deceased was fighting with his hands only, was erroneous.</p>