Garner v. State
Garner v. State
93 Miss. 843; 47 So. 500
Garner v. State
Opinion of the Court
delivered the opinion of the court.
The instruction given for the state, informing the jury that on the facts in the case defendant was estopped to plead self-defense, was manifestly erroneous. Herring v. State, 87 Miss. 628, 40 South. 230; Lofton v. State, 79 Miss. 723; 31 South. 420; Cooper v. State, 80 Miss. 175, 31 South. 579; Pulpus v. State, 82 Miss. 548, 34 South. 2; Jones v. State, 84 Miss. 194, 36 South. 243.
The modification of the fourth instruction was for the same reason erroneous.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.