Thomas v. State

Citations

• 61 Miss. 60

Syllabus

<p>1. Criminad Procedure. Continuance. Absent witnesses. Absence of a material witness is no ground for a continuance in a capital case, if there has been opportunity for compulsory process, which has not been obtained.</p> <p>2. Same. Trial. Practice. Jury. An offer by the district attorney to contribute money for the sustenance of the jury, followed by larger overtures of the'defendant’s counsel, is no . cause for reversing a conviction.</p> <p>3. Same. Accused as witness. Instructions. Testimony of the accused should have such effect as the jury think it deserves, unfettered by instructions to weigh it carefully and with great caution.</p> <p>4. Murder. Self-defense. Combat. A person who provokes a difficulty may plead that he slays his adversary in self-defense, unless he provides a weapon to be used if necessary in overcoming opposition.</p> <p>5. Same. Instructions. Immaterial error. Erroneous charges will not cause a conviction of murder to be reversed, if assuming the defendant’s testimony to be true, no other verdict would be correct.</p> <p>6. Same. Duel. Malice. A man commits murder when he kills another in a duel, whether formal, or extemporary, and however fairly conducted.</p>