Jones v. State
Jones v. State
Opinion of the Court
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the defendant of the right of self-defense, even though, after provoking the difficulty, he may have, in good faith, withdrawn therefrom.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
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.