Garner v. State

Decided October 15, 1908

Mississippi Supreme Court · decided 1908-10-15

From the circuit court of Jefferson Davis county. Hon. Bobert L. Bullard, Judge. Garner, appellant, was indicted and tried for an assault and battery with intent to murder one, Clark, was convicted and sentenced to the penitentiary for two years, and appealed to the supreme court. Appellant and Clark had a fight near the railroad depot in the village of White Sand.

Relies on Lofton v. State · Pulpus v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1908-10-15

How this case has been cited

Cited by 16 later decisions — most recently March 1994

16 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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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2The instruction given for the state, informing the jury that on the facts in the case defendant was estopped to plead self-defense, was manifestly erroneous. Herring v. State, 87 Miss. 628, 40 South. 230; Lofton v. State, 79 Miss. 723; 31 South. 420; Cooper v. State, 80 Miss. 175, 31 South. 579; Pulpus v. State, 82 Miss. 548, 34 South. 2; Jones v. State, 84 Miss. 194, 36 South. 243.

¶3The modification of the fourth instruction was for the same reason erroneous.

¶4Reversed and remanded.