Stovall v. State

Mississippi Supreme Court

Stovall v. State

47 So. 479, 94 Miss. 373

Mississippi Supreme Court·Decided October 15, 1908·Published

Opinion

Whitfield, C. J.,

delivered the opinion of - the court.-

On the facts in this case this killing was most manifestly murder or nothing. If the killing was -accidental, the defendant was guilty of no offense. If it was not accidental, he was guilty of murder beyond all controversy.

The giving of a manslaughter instruction in such a case was manifestly error, and for this error the judgment is reversed, and the case remanded. Virgil v. State, 63 Miss, at page 320.

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Whitfield, C. J.,

delivered the opinion of - the court.-

On the facts in this case this killing was most manifestly murder or nothing. If the killing was -accidental, the defendant was guilty of no offense. If it was not accidental, he was guilty of murder beyond all controversy.

The giving of a manslaughter instruction in such a case was manifestly error, and for this error the judgment is reversed, and the case remanded. Virgil v. State, 63 Miss, at page 320.

Stovall v. State, 47 So. 479, 94 Miss. 373 (Mich. 1908).

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