Reed v. State

Decision Date10 April 1967
Docket NumberNo. 44414,44414
PartiesWilliam Wylie REED v. STATE of Mississippi.
CourtMississippi Supreme Court

Poole & Marks, Jackson, for appellant.

Joe T. Patterson, Atty.Gen., by Guy N. Rogers, Asst.Atty.Gen., Jackson, for appellee.

RODGERS, Justice.

The defendant, William Wylie Reed, appellant here, was indicted on a charge of murder by the Grand Jury of the Second District of Jones County, Mississippi. He was tried and convicted of manslaughter, and sentenced to serve a term of nine years in the State Penitentiary. He has appealed to this Court and complains that the trial court should have granted him certain instructions based upon Mississippi Code Annotated section 2525 (1956), submitting to the jury his theory that he was justified in assaulting the deceased because he had insulted him. He also complains that two instructions based upon sub-sections (b) and (c) of Mississippi Code Annotated section 2219 (1956) were erroneously refused. This statute makes homicide excusable for accident and misfortune, or in cases where such killing occurs in sudden combat, not in a cruel and unusual manner. The appellant complains of an instruction granted to the State permitting the jury to determine whether or not the killing was "necessary". On a motion for a new trial, the defendant alleged that a witness for the State, who had been previously introduced, but whose testimony was held to be incompetent by the court, was again put upon the witness stand by the State in order to influence the jury to the prejudice of defendant. Finally, it is charged that the district attorney commented in his concluding argument upon the failure of the defendant to testify.

The facts in this case are outlined in a statement given to the officers by the defendant. His wife and members of his family corroborated parts of this statement. This statement shows that on the afternoon of the homicide, the defendant went to Roy's Cafe and drank beer, and there he met a stranger, the deceased Tommie G. Parker. Defendant had several drinks with the deceased and finally went out to a men's room in the back of the cafe. Tommie C. Parker followed the defendant to the rest room, and there made an indecent homosexual proposal to him. The defendant was incensed. He became excited and struck the deceased, and kicked him twice on the head while deceased was lying on the ground. When he left the deceased, he was alive. The testimony also shows that the deceased was discovered by the owner of the cafe. He was either dead or dying at the time he was discovered. There was considerable blood on the ground where the deceased was lying. His pants were unzipped, and one of the pockets to his pants was torn. The officers said they did not find his watch or any money upon the body of the deceased.

At the close of the testimony for the State, the defendant made a motion asking the court to find the defendant not guilty, or, in the alternative, to reduce and restrict the charge to manslaughter. The court overruled the motion for a directed verdict but sustained the second part of the motion so as to reduce the charge to manslaughter. After all of the testimony had been introduced, the case was submitted to the jury and the jury returned a verdict of manslaughter.

The defendant requested the following instructions, which were refused:

(a)

"The court instructs the jury for the defendant that the jury may consider and determine whether insulting words were used by the deceased to the Defendant, and the jury may further determine whether such words were a sufficient excuse for or justification of the offense committed. And in this case, if you believe that the deceased used insulting words to the Defendant at the time of the commission of an assault upon the deceased; and if you further believe that such words constituted a sufficient excuse for or justification of the offense committed, then it is your sworn duty to find the Defendant not guilty."

(b)

"The court instructs the jury for the Defendant that if you believe that the deceased used insulting words toward the Defendant at the time of an assault upon the deceased by the Defendant, and if you further believe that such insulting words were a sufficient excuse for or justification of the assault; and if you further believe that the homicide then resulted by accident and misfortune in the heat of passion, and upon a sudden and sufficient provocation, then it is your sworn duty to find the Defendant not guilty."

(c)

"The court instructs the jury for the Defendant that the killing of any human being by the act, procurement, or omission of another is excusable when committed upon sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel and unusual manner.

"And in this case, the burden is upon the State of Mississippi to prove beyond a reasonable doubt that the killing of the deceased was not committed upon any sudden combat, without undue advantage being taken and without any dangerous weapon being used, and not done in a cruel or unusual manner.

"And if you believe the State of Mississippi has failed to sustain this burden of proof, then it is your sworn duty to find the Defendant not guilty."

The first two instructions above-quoted, (a) and (b), simply advised the jury that it might decide whether or not the insulting words were a sufficient excuse or justification for killing the deceased. In short, it appears to be the theory of the defendant that one may kill a person for putting hands upon him and insulting him. This is not the law. Mississippi Code Annotated section 2525 (1956) is as follows:

"In all trials for assault and battery, or for an assault, the defendant may give in evidence, in excuse or justification, any insulting words used by the person on whom the assault or assault and battery was committed, at the time of the commission thereof, toward the defendant, and the jury may consider and determine whether such words were or were not a sufficient excuse for or justification of the offense committed."

It has been said: "Words do not of themselves justify assault; a defendant must justify the assault by the words." Baker v. State, 192 Miss. 406, 409, 6 So.2d 315, 316 (1942).

Many years ago, in the case of Hall v. State, 1 So. 351, 352 (Miss.1887), this Court pointed out that "One may not repel the attack of an unarmed man, not his superior in physical power, by slaying him; for such attack does not furnish sufficient evidence to one of ordinary strength and courage to anticipate either that his life will be taken, or 'great bodily harm' done, such as justifies the killing of his adversary." See: Holland v. Martin, 214 Miss. 1, 56 So.2d 398, 58 So.2d 62 (1952); Jefferson v. Yazoo & M.V.R.R., 195 Miss. 450, 15 So.2d 681 (1943); Cook v. State, 194 Miss. 467, 12 So.2d 137 (1943); Smith v. State, 6 So.2d 134 (Miss.1942); Waldrop v. State, 98 Miss. 567, 54 So. 66 (1911).

We are of the opinion that the court was correct in refusing to grant both of the above-quoted instructions, (a) and (b), because these instructions are based upon Mississippi Code Annotated section 2525 (1956) which applies to charges of assault and battery or assault, and not homicide. Insulting words can never justify a homicide, unless they are of such nature as to cause defendant to believe he is threatened with grave, impending danger.

We are also of the opinion that instruction (c) for defendant was properly refused by the court. This instruction is based upon Mississippi Code Annotated section 2219 (1936), wherein a homicide is excusable when committed by accident and misfortune, or where death occurs as a result of sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.

The defendant contends that the deceased lost his life as a result of a "freak homicide." This contention is founded upon the testimony of the doctors who were witnesses in the case. The pathologist testified that the deceased died as a result of suffocation. The bony structure of his mouth was crushed and pushed back into his throat, obstructing the air passage, and his tongue was swollen and had fallen back into his throat. However, the doctor testified that it would have taken a severe blow to fracture the deceased's mouth, but he was of the opinion that the injury indicated that he had received multiple blows.

The facts admitted by the...

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  • Walker v. State, 92-DP-00568-SCT
    • United States
    • Mississippi Supreme Court
    • 12 Ottobre 1995
    ...detail, leading to the comments concerning his apparent lack of remorse. This Court cited the law as stated in Reed v. State, 197 So.2d 811, 815-16 (Miss.1967), that normally, reference to the defendant's lack of remorse in the courtroom is prohibited to prevent the obvious implication lead......
  • Bell v. State
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    • 25 Giugno 1998
    ...remorse when the defendant does not testify, as in the present case. However, those authorities are misapplied by Bell. In Reed v. State, 197 So.2d 811 (Miss. 1967), the district attorney asked the jury to look at the defendant as he sat mute in the courtroom exhibiting no emotion whatever.......
  • Blue v. State
    • United States
    • Mississippi Supreme Court
    • 15 Febbraio 1996
    ...untested in the crucible of cross-examination. In support of this contention, Blue directs this Court to its decision in Reed v. State, 197 So.2d 811 (Miss.1967). In that case, the prosecutor made the following argument to Blue also relies on the following federal cases: United States v. Sc......
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    • United States
    • Mississippi Supreme Court
    • 8 Giugno 1995
    ...State impermissibly argued that Davis should be sentenced to death because of a perceived lack of remorse. Davis argues that Reed v. State, 197 So.2d 811 (Miss.1967), requires reversal of his death sentence. We In Reed, the defendant was charged with non-capital murder and did not take the ......
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