Howard v. State
| Decision Date | 22 May 1944 |
| Docket Number | 35419. |
| Court | Mississippi Supreme Court |
| Parties | HOWARD v. STATE. |
Johnson & White, of Lexington, and C. E. Morgan, of Kosciusko, for appellant.
Greek L. Rice, Atty. Gen., and R. O. Arrington, Asst. Atty. Gen., for appellee.
Appellant was convicted of manslaughter. The fatal wound was inflicted while defendant was undertaking to arrest the victim. The defendant sought to justify the act as in necessary self-defense. We are of the opinion that the issues of justification, as well as of the extent of force employed, were for the jury.
Whether failure of defendant to repeat a denial of having assaulted deceased with his pistol rather than, as he claims, a blackjack, when a few moments prior he had made such denial need not be decided, for it is not denied that defendant assaulted deceased with means sufficient to produce a fatal wound. If such means had been justifiably employed, their nature would not be material. By the same token, if there were not sufficient justification, the identical instrumentality, whether pistol or blackjack, both of which defendant had, and either of which was capable of inflicting the injury, is here immaterial. Other assignments are found without merit.
Affirmed.
To continue reading
Request your trial
-
Stennis v. State, 45819
...the person from death or great bodily harm at the hands of his assailant. Blackwell v. State, 44 So.2d 409 (Miss.1950); Howard v. State, 18 So.2d 148 (Miss.1944); Bangren v. State, 196 Miss. 887, 17 So.2d 599 All of these material issues of fact as to whether or not appellant acted in neces......
-
Wages v. State, 37698
...one was so used. Murray v. State, 202 Miss. 849, 32 So.2d 789, certiorari denied, 333 U.S. 869, 68 S.Ct. 787, 92 L.Ed. 1147; Howard v. State, Miss., 18 So.2d 148; Compare Adams v. State, 175 Miss. 868, 167 So. The counter-instruction, tendered by the defendant after the jury had retired, re......
-
Griffin v. State, 56390
...the person from death or great bodily harm at the hands of his assailant. Blackwell v. State, 44 So.2d 409 (Miss.1950); Howard v. State, 18 So.2d 148 (Miss.1944); Bangren v. State, 196 Miss. 887, 17 So.2d 599 In Evans v. State, 44 Miss. 762, 773 (1871) this Court said: [T]he law tolerates n......
-
Holliday v. State, 53355
...the person from death or great bodily harm at the hands of his assailant. Blackwell v. State, 44 So.2d 409 (Miss.1950); Howard v. State, 18 So.2d 148 (Miss.1944); Bangren v. State, 196 Miss. 887, 17 So.2d 599 (1944). (234 So.2d at 614). The appellant asserts the facts in this matter make ou......