The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-19
CALVIN INGRAM !
The STATE.
From the Circuit Court of Lauderdale
County. S. II. Terral, Judge,
Homicide. Erroneous instructions.

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The STATE.
From the Circuit Court of Lauderdale
County. S. II. Terral, Judge.
Homicide Erroneous Instructions.
CAMPBELL, G. ].
Appellant killed his brother, Jack
Ingram, and was indicted for murder,
found guilty of manslaughter. and SEN
fenced to the penitentiary. On the
trial, the following instructions for the
State were given, among others:
(3.) Every killing is presumed to be
malicious, and amounting to murder,
until the contrary appears from eircum-
stances of alienation, excuse, or justiti-
cation: and it is incumbent upon the
defendant to make out such eircum-
stances, to the satisfaction of the jury,
unless they arise out of the evidence
produced against him.
Co. A bare fear that a mans life Is
in danger from the violence of another,
however well founded, and whatever
may be the character of the man feared,
unaccompanied by any overt act indi-
eating an intention Immediately to kill
such party, or do him some great per
sonal injury, will not warrant him in
killing the other by way of prevention.
if there is no actual danger at the time
of the killing. A party through mere
fear of his life, there being no real or
apparent danger, is not justifiable in
killing another.
The first Of these instructions is sub
ject to one of the grounds of objection
&c. .a1 ga AZ,
State in Haiethorae q. The STATE, IS
Miss, 778, was condemned G., it
makes it incumbent on the defendant to-
produce in evidence circumstances of
Justification, etc, to the satisfaction of
the jury.
The other instruction quoted told the
Jury that the defendant must have been
in actual danger. 1t is true that an
other and distinct clause of the instruc-
ton qualities the foregoing by embrac-
ing the proposition of the suficiency Of |
danger to justify action in de-
fence, but it is by no means clear that I
the instruction as whole was properly
and that it did not do harm
The conflicting evidence made it
import 4nt that no error should
DC CVt1Hll1tCA III AAtStAuOtluSS Lie Jul
1t is matter Of much regret by us that
We feel compelled so often to reverse
the judgments in criminal cases because
IF serious errors, which with a little
care and attention could so easily be
avoided. We know very well, as law
yers of experience, that in fact the in
structions Of the court exert but little
in producing results in the
criminal prosecutions most common in
,ur State, but as judges We are obliged
o assume that the the instructions are
,otent factors in shaping verdiets, since
t is the duty of 4 jury to follow the in ]
tructions OF the court as to the law of /
he case. Therefore, when we see that
he Jury has been misdirected, and may ]
ave been misled thereby, our duty is
o grant new trial If fewer iastTue- !
ions were given, and greater care was
observed in framing them, il would be
most favorable to the interest of the
state in the administration of the Grim
nal laws. In many cases it would be
most wise to give no instructions at all
or the State, and in none is il prudent
o give many. By this course, eonvic
ions would Be Just as numerous, and /
eYersals would be rare. Reversed and ;
demanded
Grace & Woods, for Appellant.
J. Z. Harris, for the State. {
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