Brown v. State
| Decision Date | 06 November 1939 |
| Docket Number | 33774 |
| Court | Mississippi Supreme Court |
| Parties | BROWN v. STATE |
APPEAL from the circuit court of Simpson county HON. EDGAR M. LANE Judge.
J Brown was convicted of an attempt to kill, and he appeals. Reversed and remanded.
Reversed and remanded.
Hilton Berry & Kendall, of Jackson, for appellant.
The honorable trial court erred in granting the state instruction which instructed the jury that the appellant would be precluded from invoking the plea of self-defense if he armed himself with a deadly weapon with the intent and purpose of using same to overcome his adversary, for the reason that there is no evidence in the record to support said instruction and for the further reason that said instruction is defective in that it fails to contain the stipulation that the cutting and wounding must have been done in pursuance of the appellant's previously formed design, intent and purpose.
Lofton v. State, 79 Miss. 723, 31 So. 420; Cooper v. State, 80 Miss. 175, 31 So. 579; Lee v. State, 138 Miss. 474, 103 So. 233; Vance v. State, 183 So. 280, 182 Miss. 840; Pulpus v. State, 82 Miss. 548, 34 So. 2; Rogers v. State, 82 Miss. 479, 34 So. 320; Jones v. State, 84 Miss. 194, 36 So. 243; Williams v. State, 93 Miss. 319, 43 So. 467; Williamson v. State, 115 Miss. 716, 76 So. 637; Woods v. State, 183 So. 508, 184 So. 311, 183 Miss. 135; Herring v. State, 87 Miss. 628, 40 So. 230.
W. D. Conn, Jr., Assistant Attorney-General, for the State.
As to instruction estopping self-defense, under the authorities generally, it appears that this instruction is correct in principle. The only question, it appears to the writer, is whether the evidence in this case is in such shape as to justify the giving of it. We, of course, concede that the use of this instruction has been advised against by the court. Nevertheless, the court has never reversed a conviction for the giving of it where the facts were such as to justify it.
Woodward v. State, 180 Miss. 571, 177 So. 531, 178 So. 469.
Argued orally by Ovie L. Berry, for appellant.
The appellant cut Harvey Hilton with a pocket-knife and was convicted of an attempt to kill and murder him. According to the evidence for the State, the appellant assaulted and cut Hilton when Hilton was unarmed and had done nothing whatever to provoke the assault. According to the evidence for the appellant, Hilton...
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