Taylor v. State

• Decision Date: 21 January 1907
• Docket Number: 12280
• Citation: 89 Miss. 671,42 So. 608
• Court: Mississippi Supreme Court
• Parties: JEROME TAYLOR v. STATE OF MISSISSIPPI

42 So. 608

89 Miss. 671

JEROME TAYLOR v. STATE OF MISSISSIPPI

No. 12280

Supreme Court of Mississippi

January 21, 1907

FROM the circuit court of Greene county, HON. WILLIAM H. HARDY Judge.

Taylor the appellant, was indicted for the murder of one McInnis tried and convicted of manslaughter, sentenced to the penitentiary for a term of twenty years, and appealed to the supreme court.

The killing occurred at a picnic. Appellant was a deputy marshal of the village of Merrill; being instructed by his principal to assist in the arrest of McInnis, who was guilty of profanity; he did so, and while he was escorting his prisoner from the picnic grounds sharp words passed between them, and appellant shot McInnis, inflicting fatal injuries. The testimony respecting the words passed between the parties and their actions immediately prior to the shooting was conflicting. According to the state's testimony the jury were fully warranted in convicting appellant, but the testimony offered by appellant showed that McInnis used vile language toward and cursed him several times, after the arrest, and finally struck at appellant with his fist reaching in his pocket at the same time with his other hand as if for a weapon, thereby causing the appellant to fear for his life, and to fire the fatal shot. The actions of the trial court in refusing instruction numbered eleven, asked by appellant, and in giving instructions numbered three and four, asked by the state, were assigned as errors. These instructions, referred to in the opinion, were as follows:

"No 11. The court charges the jury, for the defendant, that he is entitled to the verdict of twelve men, each of whom on the whole evidence must be free from any reasonable doubt in his own mind, not the minds of the prosecutors or the court, and each juror should be allowed to have his own conception of what a reasonable doubt is to him, not what it is to the prosecution; and each member of the jury is under no legal compulsion to give or be able to formulate and state the reason which may raise a reasonable doubt in his mind and conscience. Suffice it to say that, if any member of the jury, in fact, have any reasonable doubt, the defendant is entitled absolutely to his vote of not guilty on the verdict."

"No. 3. The court instructs the jury, for the state, that no words used and directed to any person, or assault made upon any person with the fist alone, will justify the taking of human life; and if the jury believe from all the evidence beyond every reasonable doubt that the deceased, McInnis, struck or struck at Taylor with his fist, and used the words alleged to have been used toward Taylor, then they must find the defendant guilty as charged in the indictment.

"No 4. The court instructs the jury, for the state, that reasonable doubt is not vague conjecture, nor mere supposition or hypothesis, but is such doubt as reasonably arises out of the testimony; a doubt for which a reason can be given. Mathematical or demonstrable certainty is not required. While the testimony should be equal to that which...