100 Miss. 832
Decided October 15, 1911
Mississippi Supreme Court · decided 1911-10-15
Hon. W. A. Roane, Judge. 'Alvie Rutherford was convicted of murder and appeals.
Relies on Ivy v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1911-10-15
Cited by 5 later decisions — most recently May 1969
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court:
¶2The 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.