May v. State
Mississippi Supreme Court
May v. State, 89 Miss. 291 (Miss. 1906)
42 So. 164
Whitfield
May v. State
Opinion of the Court
delivered tire opinion of the court.
The jury would have been well warranted in finding a verdict of manslaughter only in this case. Indeed, the evidence could not well -warrant any more serious finding, and yet there is not an instruction in the case ais to manslaughter. The case falls precisely within Johnson v. State, 75 Miss., 635 (23 South. Rep., 519).
Reversed and remanded.
Reference
- Full Case Name
- Cootz May v. State of Mississippi
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Criminal Law and Procedure. Murcler. Manslaughter. Instruction touching lesser crime. Where on the facts of a homicide a conviction of manslaughter would have been warranted a verdict convicting of murder will be set aside if the jury were wholly uninstructed touching the right to convict of the lesser crime.