92 So. 578 | Miss. | 1922
delivered the opinion of the court.
The appellant, Yal Jones, was indicted and convicted of murder, and sentenced to the penitentiary for life, for the killing of one Mack Williams. The killing occurred at a place where a card game known as “skin game” was being played for money. Jones was a participant in the gambling, and in the course of the play was broke. At first he borrowed some money from some of the other people in the game, and also lost that. He attempted to borrow more money, but was unable to do so. He stated in what appears to be a jocular manner that if he had a gun lie would hold up the crowd in the game. One of the players remarked that he would furnish the gun if Jones would divide the proceeds with him. While this conversation was being indulged in the deceased, Mack Williams, stated to J ones that he would not hold him up. Jones replied that Mack would be the first son of a bitch he would throw the gun on. Jones then left the house where the game was being played, went home and secured more money from his wife, and
There was testimony .on the part of Jones’ wife that the deceased had insulted her on previous occasions, and had threatened to kill her husband if she told him of Williams ’ acts, and that she did tell her husband of Williams ’ conduct: On this evidence defendant requested two instructions on the subject of manslaughter, which were refused by the' court, and the refusal is assigned as
There was no error in the trial, and th©> judgment is affirmed.
Affirmed.