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Brown v. State

191 So. 818, 186 Miss. 734, 1939 Miss. LEXIS 274
CourtMississippi Supreme Court
DecidedNovember 6, 1939
DocketNo. 33774.
StatusPublished
Cited by9 cases

This text of 191 So. 818 (Brown v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. State, 191 So. 818, 186 Miss. 734, 1939 Miss. LEXIS 274 (Mich. 1939).

Opinion

Smith, C. J.,

delivered the opinion of the court.

The appellant cut Harvey Hilton with a pocket-knife and was convicted of an attempt to kill and murder him. According to the evidence for the State, the appellant assaulted and cut Hilton when Hilton was unarmed and had done nothing whatever to provoke the assault. According to the evidence for the appellant, Hilton assaulted him and attempted to cut him when he had done nothing whatever to provoke the assault, and that in cutting’ Hilton he acted solely in self-defense. There was no evidence or inference therefrom that the appellant had armed himself with the knife for the purpose of provoking a difficulty with Hilton, and using it, if necessary, to overcome Hilton.

The court instructed the jury in substance that if the appellant armed himself with the knife with the intention of provoking a difficulty with Hilton, and using it if necessary to overcome Hilton, and while so armed provoked a difficulty with Hilton, and cut him, that he could not plead self-defense. There being no evidence to support this instruction, it should not have been given.

Reversed and remanded.

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Cite This Page — Counsel Stack

Bluebook (online)
191 So. 818, 186 Miss. 734, 1939 Miss. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-miss-1939.