Jones v. State

Mississippi Supreme Court
Jones v. State, 84 Miss. 194 (Miss. 1904)
Truly

Jones v. State

Opinion of the Court

Truly, J.,

delivered the opinion of the court.

The third instruction for the state is fatally erroneous. It states that “if the minds and consciences of the jury are fully satisfied by the evidence in the case” of the existence of certain facts therein stated, the jury should convict, even though they should believe “that the defendant at the time he killed the deceased killed him in self-defense.” “Full satisfaction” of the minds and consciences of the jury of the guilt of a defendánt is no compliance with the rule which requires the jury to be convinced of guilt “beyond all reasonable doubt.” Williams v. State, 73 Miss., 823; 19 South., 826; Powers v. State, 74 Miss., 777; 21 South., 657; Lipscomb v. State, 75 Miss., 576; 23 South., 210, 230. The instruction is further inaccurate in that it deprives the defendant of the right of self-defense, even though, after provoking the difficulty, he may have, in good faith, withdrawn therefrom. It is well *197settled that one may wrongfully provoke a difficulty, and yet if afterwards, at any moment during its progress, he in good faith abandons the conflict, and is subsequently murderously assaulted by the deceased, and is forced to slay in self-defense, he is not estopped from pleading such self-defense in justification of his acts. Smith v. State, 75 Miss., 553; 23 South., 260; Patterson v. State, 75 Miss., 675; 23 South., 647. We approve the language employed in Lofton v. State, 79 Miss., 734; 31 South., 425, where, speaking of an instruction similar to the one here under review, the court said: “This form of charge, declaring a defendant estopped to plead self-defense, is an exceedingly unwise one to be given. We have repeatedly condemned it. . . . It can never be proper, save in a few very rare cases where the case is such, on its facts, that a charge can be given embracing all the elements — not part of them, nor nearly all of them — essential to the estoppel. The old paths are the safe paths.”

Reversed and remanded.

Reference

Full Case Name
Bee W. Jones v. State of Mississippi
Cited By
7 cases
Status
Published
Syllabus
1. Criminal Law. Mwrder. Self defense. Instruction. Abandonment of intent to Mil. In a murder case it is error to give an instruction for the state denying defendant the right of self-defense if he armed himself with a deadly weapon and provoked the difficulty with intent to kill deceased, there being testimony tending to show that defendant abandoned the intent to kill before slaying the deceased and that the killing was in self-defense. 2. Same. Satisfaction of jurors’ minds and consciences. Reasonable doubt. An instruction authorizing the conviction of a defendant if the minds and consciences of the jury are fully satisfied of his guilt is erroneous; the jury should not convict unless satisfied of a defendant’s guilt beyond every reasonable doubt arising from the evidence.