Williams v. State

Citations

• 127 Miss. 851
• 90 So. 705

Syllabus

<p>1. Homicide. Situations under which felonious homicide is “manslaughter” stated,</p> <p>A felonious homicide is “manslaughter,” and not murder, first, when the defendant killed the deceased either in the heat of passion, without malice, by the use of a deadly weapon, without authority of law, and not in necessary self-defense, or, second, when the defendant killed the deceased without malice, under the bona-fide belief, without reasonable cause therefor, ■ that it was necessary for him so to do in order to prevent the deceased from inflicting death or great bodily harm upon him, or, third, when the defendant unnecessarily killed the deceased while resisting an attempt by the deceased to commit a crime.</p> <p>2. Homicide. Defendant’s guilt of manslaughter a jury question; where it appears defendant killed deceased in resisting an attempt to commit a crime, it is error not to instruct that defendant could not be convicted of murder.</p> <p>When it appears from the evidence in a trial for murder that the defendant killed the deceased in resistinfi an attempt by the deceased to commit a crime, it is error to refuse an instruction requested^by the defendant directing the jury not to convict him of the crime of murder.</p> <p>Hodden, J., dissenting. Ethridge and Anderson, JJ., dissenting in part.</p>