Rutherford v. State

57 So. 224 | Miss. | 1911

Smith, J.,

delivered the opinion of the court:

The granting of the first instruction on behalf of the state, which was drawn under section 1227 of the Code, and which omits the qualifying words “without authority of law,” was fatal error. Ivy v. State, 84 Miss. 264, 36 South. 265. Reversed and remanded.