61 Miss. 212 | Miss. | 1883
delivered the opinion of the court.
The instructions for the State were not apt under the facts of this case, but none of them save the fourth was objected to in the court below when given or made the foundation of the motion for a new trial. This instruction was calculated to prejudice the defendant, but the instructions asked and given for the defendant so clearly and fully explained the law that we do not think it possible the jury was in the least misled. The testimony for the State and that of the defendant is in direct conflict. If the jury believed the State’s witness, a clear case of murder was shown. If it believed the accused, no offense whatever was made out. From the verdict it is evident that credence was given to the State’s witness. and this beina: the case, the fourth instruction was harmless.
Judgment affirmed.