Mississippi Supreme Court, 1908

Garner v. State

Garner v. State
Mississippi Supreme Court · Decided October 15, 1908 · Whitfield
93 Miss. 843; 47 So. 500

Garner v. State

Opinion of the Court

Whitfield, C. J.,

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.