Woods v. State

Citations

• 90 Miss. 245
• 43 So. 433

Syllabus

<p>1. Criminal Law and Procedure. Homicide. Assault with intent to murder. Instructions. Deliberation. Use of weapon.</p> <p>In a prosecution for an assault with intent to murder, instructions authorizing a conviction as charged “even if the blow was struck with a single-barreled shotgun without malice” and announcing that “the law presumes malice from the unlawful and deliberate use of a deadly weapon,” are erroneous as justifying an inference that the judge thought there was unlawful and deliberate use of the loaded gun as a deadly weapon, although it was not fired.</p> <p>2. Same. Evidence. Character of injured party.</p> <p>The state cannot show the good character of the party assaulted in a prosecution for the assault where his character was not attacked.'</p>