William v. State

Citations

• 120 Miss. 604
• 82 So. 318

Syllabus

<p>Homicide. Murder or manslaughter. Question for jury.</p> <p>Under the facts in this case which was a prosecution for the murder of a deputy sheriff, while defendant was resisting arrest, the court held that- it was a question for the jury whether defendant killed deceased because of malice or in a bona fide resistance of an attempt by deceased to force him by the use of unlawful means to surrender his pistol, within the provision of Code 1906, section 1237 (Hemingway’s Code, section 967) providing that every person who shall unnecessarily kill another, either while resisting an attempt by such other person to commit a felony or to do any unlawful act, shall be guilty of manslaughter.</p>