Garner v. State, 47 So. 500

Whitfield, C. J.,

delivered the opinion of the court.

The instruction given for the state, informing the jury that on the facts in the case defendant was estopped to plead self-defense, was manifestly erroneous. Herring v. State, 87 Miss. 628, 40 South. 230; Lofton v. State, 79 Miss. 723; 31 South. 420; Cooper v. State, 80 Miss. 175, 31 South. 579; Pulpus v. State, 82 Miss. 548, 34 South. 2; Jones v. State, 84 Miss. 194, 36 South. 243.

The modification of the fourth instruction was for the same reason erroneous.

Reversed and remanded.

Case Details

Case Name: Garner v. State

Court Name: Mississippi Supreme Court

Date Published: Oct 15, 1908

Citations: 47 So. 500; 93 Miss. 843

Court Abbreviation: Miss.