Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1903-05-23
Suprsms Courts Division.


! TIE Stsvs
NKHss
/ The grand Jars q NssAoos ooony
March $. 1891. indicted q Y HoiEs-s
+ Tor the murder o. Tom 4 B-vS. srl m
i December Ss. 1903. be Ma tris3, or2-
+ victe5 su3 sentenced &c lie i@Vusoa.
meat, soi ths sosi Ssrs o. sGpeSl VIA
/ s rscs75. challenged ~ t,s defendant
With to-ty soa, assignments q s7ros-
We vill consider elt one q, TIE rows7-
. Gus errors sssi Spe3 insofar 50 +, 7,'stss
- tvo ohSrS.s S;vss tar sc Stses, Nos
sn55. Css7Ss Ne e ir re to.l,-
INC lsagosSes
"utAs yzry ,a&U AtE,vs tou ths
evidence. oevsu3 4. reasonable sSctA
thst in the diligently 10 ~slca Sv-s los5
bic HE, thSt tee 5e'so3sc, 49, tSs AZ
srsEsor E15 provoke, - tae 55S,1.5y
sn5 tSst he PREPARED himself ~ tj -
Sruice hiESslt w-ts Sez1,v vstNcc-
tcvit. pistol, Sos sc.GS, o-t tas g,
ctAteS Sui provoked ne SlSca.C "a.
tended &c ats bis vastS az ,vs7oo1-t
hiS adversary L recsISG-v, S15 u.s. -
thea shot ana klUs5 Bv-1, Re : ScatF
q Eur3sr So re .17y ssoS.5 =, Sad
Tals instruction css-Sss 10 s--y e
substance, th&i L taev Ns&sv>1 tSGt -
defendant vSs tie sGSrssss; so5 F-,-
vokei Ii, 3iS,1l;y al szgzsl A.-sSt
fer II sat s,zEht ont Sy-2 i-;e15l0G =
CSC Il. pisto, so3 ovsrco-s Sv-3 Z nt;-
essIry, sni tbs; &c Thea killsi Bvr5
thst he is getty q u1r3sc, ra.I
chsrge i ,rroEeos. IN ts&t /; 3.ais, tie
deteniansih. nigh, Q, s,,t-3etesss. Al
the tsc,. assumed O. alleged il tie il
strucao1 may be .rae, ana ye; tee Kill
ing may no; have oesp 10 pursuance q
such former design. or that it may have
been done in necessary sell ds'so'e
The 9Th instruction given Tor tie State
i. :. follows
III the jury shall believe trom tie
evidences beyond all reasonable douo,
that there was trouble o. nisGnd-r
standing at the tine Of the homicide be-
tween Byrd snd Rodgers, and tha: they
agreed 70 face each other about Il, and
that in pursuance Of the purpose to NEE!
and face each other, each o. them1srmei
himself with deadly weapon, towlt 8
pistol and that they met and faced each
other and that Rodgers IN that meeting
shot and killed Byrd, he is guilty Of
murder and the jury should 50 find. ~
This instruction told the jury that
they should convict Rodgers Of murder
Z they believed there wss troubls or
Misunderstanding between Rodgers and
Byrd at the time Of the homicide, and
hat they agreed to face each other, and
,ach armed himself with a pistol, and
hat they did 50 face each other and
Rodgers killed Byrd at the meeting
The error in this instruction is toe man.
fest for argument or citation Of author
lies. There is no evidence in the case
N which to base such a charge There
s no evidence that the parties had
agreed to such a meeting. The prelim
nary negotiations OF the friends and
-slativeE Of the unfortunate girl, and
he part played in this effort to get
matters smicably adjusted, by Rodgers,
we're all consistent with a lawful pur-
pose, Such meeting as subsequently
COX place between Rodgers and Byrd,
and in which Byrd lost his life. falls far
short of 8 prearTanged meeting for a
duel, In the one case the meeting was
10 adjust a misunderstanding and re
move if possible, sll stain from the
character Of a girl. But on the other,
all efforts to peaceable settlement are
known to have passed and the parties
met only to DO battle. The State asked
nine instructions and as is usual in such
cases, falls an easy victim to too many
instructions, 1.-The old paths are the
best paths, AS said ny this court in
the Pattison case, by Judge Whitfield,
" Persons at their country. bar are not
to be charged into the penitentiary by
court as matter Of law. bat to be put
there by the verdict Of tn. iuriss finding
them guilty as fact "
A circuit judge can hardly keep a nisi
priuS trial free of error where counsel
uncon'ciously swayed by their interest
in the cause demand so much at his
hands, and at a.time when both time
and opportunity preclude an eIamins-
ton Of the auth critics.
Prime ". The State. 73 Miss. s42,
Patuson vs.. The state, 10 Miss, SIS.
For the errors assigned the case i. re-
yersed and remanded,
The l. x NJ Colls0A COMMENCEMENT /