Mississippi Supreme Court, 1908

Stovall v. State

Stovall v. State
Mississippi Supreme Court · Decided October 15, 1908 · Whitfield
94 Miss. 373; 47 So. 479

Stovall v. State

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of - the court.-

On the facts in this case this killing was most manifestly murder or nothing. If the killing was -accidental, the defendant was guilty of no offense. If it was not accidental, he was guilty of murder beyond all controversy.

The giving of a manslaughter instruction in such a case was manifestly error, and for this error the judgment is reversed, and the case remanded. Virgil v. State, 63 Miss, at page 320.

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