Williamson v. State
Mississippi Supreme Court
Williamson v. State, 115 Miss. 716 (Miss. 1917)
76 So. 637
Smith
Williamson v. State
Opinion of the Court
delivered the opinion of the court.
The jury could have found from the evidence that Ode Williamson provoked the difficulty with the deceased by going into the house and attempting to shoot him, but, failing so to do, abandoned the difficulty and fled, and while attempting in good faith to escape, was pursued and attacked by deceased and forced to kill him in self-defense. Consequently the state’s fourth instruction should not have been granted. Smith v. State, 75 Miss. 553, 23 So. 260; Patterson v. State, 75 Miss. 675, 23 So.
Reversed and remanded.
Reference
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- Syllabus
- Homicide. Instructions. Right of accused to arm himself. Self-defense. Where in a prosecution for murder, ihe jury could have found from the evidence, that defendant provoked the difficulty with , the deceased by going into the house and attempting to shoot him, but failing so to do, abandoned the difficulty and fled and while attempting in good faith to escape, was pursued and attacked by deceased and forced to kill him in self-defense, in such case it was error for the court to instruct the jury for the state, that defendant could not arm himself with a deadly weapon with the intention of using it to overcome his adversary if necessary and go upon deceased’s premises and provoke a difficulty with him, slay him and then claim self-defense.