Windham v. State

Citations

• 91 Miss. 845
• 45 So. 861

Syllabus

<p>1. Criminal Law and Procedure. Murder, Argument.</p> <p>In a murder case it 'is improper for a prosecuting lawyer in his argument to urge the jury to remember that the judge could in his discretion punish defendant, if convicted of manslaughter, either by fine and imprisonment in the county jail or by a term in the penitentiary.</p> <p>2. Same. Homicide. Self-defense. Instruction.</p> <p>Where a decedent and his father had threatened defendant’s life on the day of the homicide, and the father made a deadly assault upon him, and during the struggle defendant’s father called out that decedent was approaching defendant with a knife, an instruction that, if defendant had reasonable ground tó and did apprehend danger, he might shoot in what he deemed necessary self-defense, and the jury must not hold him to the same cool judgment they are able to form, but should put themselves in his place and judge of his acts by the circumstances in which he was situated, his right to kill not being confined to the existence of immediate danger, real or apparent, of loss of life or of great bodily harm at decedent’s hands, should have been given.</p> <p>3. Same. Doubt as to guilt. Jury’s duty.</p> <p>Where, in a murder trial, one plausible theory sustained by the evidence tends to show that bystanders killed decedent, and another tends to show that defendant did it, and the jury are unable to determine which theory is true, they must accept the one favorable to defendant, and acquit.</p>