Tate v. State

Citations

• 95 Miss. 138
• 48 So. 13

Syllabus

<p>1. Criminal Law and Procedure. Homicide. Murder. Self-defense. Instruction.</p> <p>An instruction in a murder case to the effect that if defendant placed his hand on his pistol and made a remark designed to provoke a difficulty with the deceased, who at the time was doing nothing, and that the remark brought on- the fatal difficulty, the defendant was guilty of murder, although deceased fired the first shot, too greatly narrows the right of self-defense and defendant’s guilt not being manifest, constitutes reversible error.</p> <p>2. Same. Failure to contradict. Evidence. Declarations t>y co-defendant.</p> <p>A declaration of a co-defendant, made after the killing, in the presence of defendant, directed to the assembled crowd, is not admissible in evidence because of defendant’s failure to contradict it, where defendant at the time was prostrate on the ground and suffering from a severe wound received in the encounter.</p>