Rutherford v. State
Mississippi Supreme Court
Rutherford v. State, 100 Miss. 832 (Miss. 1911)
57 So. 224
Smith
Rutherford v. State
Opinion of the Court
delivered the opinion of the court:
The granting of the first instruction on behalf of the state, which was drawn under section 1227 of the Code, and which omits the qualifying words “without authority of law,” was fatal error. Ivy v. State, 84 Miss. 264, 36 South. 265. Reversed and remanded.
Reference
- Full Case Name
- Alvie Rutherford v. State
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- ■ 'Criminal Law. Murder.. Gode 1906, section 1227. Instruction. An instruction purporting to define murder under section 1227, Code 1906, which omits the qualifying words “without authority of law” is fatally erroneous.