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Garner v. State

47 So. 500, 93 Miss. 843
CourtMississippi Supreme Court
DecidedOctober 15, 1908
StatusPublished
Cited by10 cases

This text of 47 So. 500 (Garner 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
Garner v. State, 47 So. 500, 93 Miss. 843 (Mich. 1908).

Opinion

Whitfield, C. J.,

delivered the opinion of the court.

The instruction given for the state, informing the jury that on the facts in the case defendant was estopped to plead self-defense, was manifestly erroneous. Herring v. State, 87 Miss. 628, 40 South. 230; Lofton v. State, 79 Miss. 723; 31 South. 420; Cooper v. State, 80 Miss. 175, 31 South. 579; Pulpus v. State, 82 Miss. 548, 34 South. 2; Jones v. State, 84 Miss. 194, 36 South. 243.

The modification of the fourth instruction was for the same reason erroneous.

Reversed and remanded.

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Bluebook (online)
47 So. 500, 93 Miss. 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-state-miss-1908.