Mississippi Supreme Court, 1911

Rutherford v. State

Rutherford v. State
Mississippi Supreme Court · Decided October 15, 1911 · Smith
100 Miss. 832; 57 So. 224

Rutherford v. State

Opinion of the Court

Smith, J.,

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.

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