Thomas v. State
Mississippi Supreme Court
Thomas v. State, 71 Miss. 345 (Miss. 1893)
Campbell
Thomas v. State
Opinion of the Court
delivered the opinion of the court.
The fatal defect in the case of the appellant is that there is no evidence that he was “goosed” when he killed his victim, and, however effective this strange defense might be if sustained by evidence, it is of no avail in the absence of any such evidence. The complaint about venue is without merit. The instructions are all right.
Affirmed.
Reference
- Full Case Name
- John Thomas v. State
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminar Law. Insanity. Aberration. Homicide. Proof that one on trial for murder was subject to a strange infirmity, such that a sudden touch or cluck from behind would cause him to lose consciousness and self-control and strike any person near him, is no defense, in the absence of evidence that at the time of the killing he had been thus excited.