DocketNumber: No. 30126.
Citation Numbers: 147 So. 308, 167 Miss. 76
Judges: <bold>Smith, C.J.,</bold> delivered the opinion of the court.
Filed Date: 4/3/1933
Status: Precedential
Modified Date: 1/12/2023
I am of opinion that the third instruction given for the state constitutes reversible error as declared by this court in the cases of Johnson v. State,
The giving of the first and fourth instructions for the defendant intensified the error and produced, when the instructions are read together, an irreconcilable conflict and left the jury without a guide.
Cook, J., joins in this dissent.
Ethridge, J., thinks the giving of the third instruction was error.