153 Miss. 709
122 So 189
Decided January 22, 1929
Mississippi Supreme Court · decided 1929-01-22
Good law ✅— No negative treatment on recordhow we know
Decided 1929-01-22
Cited by 35 later decisions — most recently June 2015 · most notably Weathersby v. State (1933), Herrin v. State (1947)
2 federal appellate · 33 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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¶1 The presumption of malice that goes with the use of a deadly weapon was completely overcome in this case by the eyewitnesses to the homicide. There was no material conflict in their evidence that the appellant committed the homicide in self-defense. There *710 fore there was no question for the jury to pass upon, and the court should have granted the appellant’s request for a directed verdict of not guilty.
¶2 Reversed, and appellant discharged.-