Volume 248 — Mississippi Reports

<bold>1. Homicide — instructions — self-defense instruction not</bold> <bold>warranted by facts.</bold> Facts in murder prosecution did not warrant instruction that defendant had right to carry deadly weapon if he believed his life had been threatened and that, so armed, had right to approach deceased on any peaceable mission, as there was no evidence of threat or that defendant approached deceased on peaceable mission. <bold>2. Criminal law — instructions — omission of element of malice</bold> <bold>aforethought where included in other instructions.</bold> Failure of instruction in murder prosecution to include element of malice aforethought was not error where other instruction included element.<page_number>Page 74</page_number> <bold>3. Murder — guilty verdict not contrary to weight of evidence.</bold> Verdict of guilty of murder was not contrary to the overwhelming weight of the evidence. Headnotes as approved by Gillespie, J.

<bold>1. Workmen's compensation — disability — Commission's findings</bold> <bold>and award — supported by substantial evidence.</bold> Finding and decision of Compensation Commission awarding compensation for temporary total and permanent partial disability as result of leg and back injury sustained by claimant when he slipped and fell in course of employment as carpenter were supported by substantial evidence, including both lay and medical testimony. Sec. 6998-02(9), Code 1942. <bold>2. Workmen's compensation — findings and decision of Commission</bold> <bold>supported by substantial evidence will not be reversed.</bold> <bold>3. Workmen's compensation — Commission, and not</bold> <bold>attorney-referee, is trier of facts.</bold> Headnotes as approved by McElroy, J.

<bold>1. Appeal — statutory 90-day period — appeal taken when bond</bold> <bold>therefor is actually filed and approved where required.</bold> Appeal is taken within meaning of statute when, but not until, bond therefor is filed and approved where required. Secs. 753, 1162, Code 1942. <bold>2. Appeal — statutory 90-day period — deposit made in lieu of</bold> <bold>bond — appeal taken when deposit made.</bold> Where deposit in lieu of bond was not made until 92 days after lower court made order overruling motion to vacate decree and render new decree, appeal was not taken within statutory 90-day period and would be dismissed. Secs. 753, 1162, Code 1942. Headnotes as approved by Kyle, P.J.

<bold>1. Workmen's compensation — Commission's order not to be</bold> <bold>reversed if supported by substantial evidence.</bold> An order of the Commission will not be reversed if supported by substantial evidence. <bold>2. Workmen's compensation — evidence — temporary total</bold> <bold>disability causally related to back injury.</bold> Substantial evidence sustained finding that claimant was suffering from temporary total disability, which was causally related to a back injury sustained in the course of his employment. <bold>3. Appeal — finding of fact by jury or judge — not to be</bold> <bold>reversed unless.</bold> A finding of fact by a jury or judge will not be reversed on appeal unless contrary to the great weight of the evidence. <bold>4. Workmen's compensation — pre-existing injury — apportionment</bold> <bold>— pleadings and proof, requisite as basis for.</bold> Apportionment on account of a pre-existing injury could not be made in a workmen's compensation case where there was no pleading or proof on which to base such apportionment. Sec. 6998-43(f), Code 1942. Headnotes as approved by Lee, C.J.