Pickens v. State
Mississippi Supreme Court
Pickens v. State, 61 Miss. 52 (Miss. 1883)
Chalmers
Pickens v. State
Opinion of the Court
delivered the opinion of the court.
The fourth instruction given for the State was erroneous, and was so declared in the case of Cannon v. State, 57 Miss. 147. Such, an instruction is proper, where, as in the case of Riggs v. State, 30 Miss. 635, there is proof of an altercation and blows .with the hand between the parties, and the question is whether the act of killing sprang from the heat of passion thereby engendered, or from the previous grudge. But where, as in this casé and in the case of Cannon v. State, ubi supra, the defense rests upon self-defense, and the act of the accused is either' of that character or is murder, such an instruction is well calculated to mislead the jury and is erroneous.
Reversed.
Reference
- Full Case Name
- Dennis Pickens v. State
- Status
- Published
- Syllabus
- 1. Murder. Self-defense. Instructions. If a homicide with a deadly weapon is, on the evidence, either an act of self-defense or a murder, it is erroneous to charge that where express malice is shown no mere provocation at the time will relieve the killing of the character of murder. Cannon v. State, 57 Miss. 147, followed. 2. Same. Manslaughter. Provocation. Such an instruction is proper where there is proof of an altercation between the parties and blows, and the question is whether tire act of killing sprang from the heat of passion thus engendered, or from the previous grudge.— Higgs v. State, 30 Miss. 635, distinguished.