Matthews v. State

66 So. 325, 108 Miss. 72
CourtMississippi Supreme Court
DecidedOctober 15, 1914
StatusPublished
Cited by6 cases

This text of 66 So. 325 (Matthews 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
Matthews v. State, 66 So. 325, 108 Miss. 72 (Mich. 1914).

Opinion

Smith, C. J.,

delivered the opinion of the court.

Appellant was indicted and convicted of the crime of murder. According to the contention of the state, the deceased was assassinated; according to that of appellant, he (appellant) killed the deceased in self-defense.

[74]*74A ground upon which, a reversal is sought is the granting and refusal of instructions. Section 1230 of the Code provides that:

“The killing of a human being by the act, procurement or omission of another shall be justifiable . . . when committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished.” For the state the court charged the jury that:
“One has the legal right to take human life, whenever one becomes so situated that he believes, and has good reason to believe, that he is in danger of death or great bodily harm at the hands of an' assailant.”

The fourth instruction for the defendant charged the jury that one of the questions it was called on to decide was:

“Were the actions and conduct of the deceased, at and just prior to the moment he was shot, viewed in the light of all the facts in the case, as shown in the evidence, such as to create, and is there a probability, based on the evidence, that they did crate, in the mind of the defendant, a reasonable belief that he was in danger of death or great bodily harm at the hands of Lon Smith, when he shot him, and did he shoot him because thereof?”

. This instruction was modified by the court, by striking out the words “i’easonable belief that he was in danger,” and inserting in lieu thereof the words “good grounds to believe, and he did so believe, that he was in immediate danger. ’ ’ This instruction further charged the jury that:

“The defendant had the right to act upon appearances that were in their nature threatening, and were sufficient to raise in his mind, and did raise in his mind, reasonable apprehension that he was in immediate danger of death or great bodily harm at the hands of Lon Smith. ’ ’

[75]*75The court struck out the words ‘‘ reasonable apprehension,” and inserted in lieu thereof the words “a good ground to believe.”

A similar modification was made by the court to appellant’s fifth instruction.

Appellant’s ninth instruction charged the jury that:

“Justifiable homicide is the killing of a human being by the party charged, when committed in the lawful defense of one’s own person or any other human being, where there shall be, at the time, reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and there shall be imminent danger'of such design being accomplished.”

This instruction was modified by striking out the words “reasonable ground,” and substituting in lieu thereof the words “good grounds honestly entertained.”

His tenth instruction charged the jury that:

“The defendant had the right to do, and is justifiable under the law in having done, at the time of the homicide, whatever he had reasonable grounds to believe, and that he did believe therefrom, was necessary to protect his life or limb from death or great bodily harm at the hands of the deceased, whether there was any real or actual danger or not.”

. This instruction was modified by the court, so as to read as follows:

“That the defendant had the right to do, and is justifiable under the law in having done, at the time of the homicide, whatever he had good grounds to believe, and he did in good faith believe therefrom, was necessary to protect his life or limb from immediate death or great bodily harm at the hands of the deceased, whether there was any real or actual danger or not.”

His eleventh instruction charged the jury that:

“He also had the right to act upon appearances that were in their nature sufficient to raise in his minds ’ a reasonable ground to apprehend that he was in inxme[76]*76diate danger of death or great bodily harm at the hands of the deceased, regardless of whether there was any real or actual danger or not.”

This instruction was modified by leaving out the words “reasonable” and inserting the word “good.”

None of defendant’s instructions, so modified, were read to the jury.

The objection urged to the instruction for the state and to the modifications made in appellant’s instructions is that by charging the jury in the state’s instruction that appellant must have had “good reason” to believe, etc., and in the modifications to appellant’s instructions that he must have had “good ground” to believe, etc., the court imposed too great a burden upon appellant; the word “good” being stronger than the statutory word “reasonable,” and the argument being in effect that in order for the ground of his belief to be good he must have been in actual danger, while the law is that he need not have been in actual, but only in apparent danger. It seems to us that there is very little practical difference in the meaning in this connection of the statutory words “reasonable ground to apprehend” and the words “good reason to believe,” used in the state’s instruction. If there is any difference at all in the meaning of these words, the distinction is too shadowy to be of any practical' importance here. Neither is there any practical difference in this connection between the words “reasonable ground” and “good ground.” In fact, the words “good ground” are practically synonymous with the words “good reason,” and must have been so understood by the jury, and therefore no harm was done defendant by the modifications.

In one of these modifications it will be noticed that the court charged the jury that appellant’s belief that he was in danger must have been “honestly entertained,” and in another that he must have so believed “in good faith.” These modifications are objected to on the ground [77]*77that, when the jury was charged that defendant “must believe,” etc., the charge carried with it necessarily the idea that he must believe in good faith, and when to this charge the court added specifically that he must so believe, the modification carried with it the idea, and may have caused the jury to believe, that the court doubted appellant’s good faith in killing the deceased. It is true that belief is necessarily predicated upon good faith, for a man cannot well believe a thing in bad faith. If he believes at all, he does so honestly and in good faith. Good faith, however, is the very essence of self-defense, and there can be no objection to the court so charging the jury specifically.

In so far as these instructions attempted to charge the jury with reference to appellant’s good faith, and with reference to the fact that he must act upon resaonable ground, they were correct as tendered to the court, and all of these modifications were useless but were not prejudicial, for the reason that they did not materially change the meaning of the instructions. Where an instruction as requested properly announces the law, it is better to give it as requested, for this is clearly the meaning of section 793; but, as was said in Mask v. State, 36 Miss.

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Related

Robinson v. State
219 So. 2d 916 (Mississippi Supreme Court, 1969)
Shields v. State
144 So. 2d 786 (Mississippi Supreme Court, 1962)
Reed v. State
112 So. 2d 533 (Mississippi Supreme Court, 1959)
Cosey v. State
138 So. 344 (Mississippi Supreme Court, 1931)
Patterson v. State
115 So. 777 (Mississippi Supreme Court, 1928)

Cite This Page — Counsel Stack

Bluebook (online)
66 So. 325, 108 Miss. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-state-miss-1914.