Stovall v. State , 94 Miss. 373 ( 1908 )

Whitfield, C. J.,

delivered the opinion of - the court.-

On the facts in this case this killing was most manifestly murder or nothing. If the killing was -accidental, the defendant was guilty of no offense. If it was not accidental, he was guilty of murder beyond all controversy.

The giving of a manslaughter instruction in such a case was manifestly error, and for this error the judgment is reversed, and the case remanded. Virgil v. State, 63 Miss, at page 320.