Opinion
No. 33483.
October 31, 1938.
HOMICIDE.
In homicide prosecution, court did not err in refusing to grant instructions that jury might convict defendant of manslaughter, where facts showed without question that defendant was guilty of murder and had with deliberate design shot deceased to death.
APPEAL from the circuit court of Smith county; HON.E.M. LANE, Judge.
J.A. McFarland, of Bay Springs, and S.V. Little, of Mize, for appellant.
By references to all the evidence in this case, it will be readily seen that the court erred in refusing the manslaughter instructions requested by the appellant. There were reasonable inferences which the jury might draw from the whole evidence which would make a case of manslaughter.
Morris v. State, 174 So. 562; Grant v. State, 160 So. 600.
The lower court erred in sustaining the objection of the state to question asked state witness Owens on cross-examination, which question is as follows: (Q) Now, Mr. Owens, do you know what relation, what state of feeling, was between Mr. K.C. Jones, and Mrs. Pearlie Evans, at that time.
The court erred in overruling motion for new trial requested by the appellant.
W.D. Conn, Jr., Assistant Attorney-General, for the State.
This court has consistently held that where the evidence shows that a homicide is murder or nothing, it is proper for the court to refuse to submit the question of manslaughter to the jury.
Ricks v. State, 151 So. 572; Dixon v. State, 164 Miss. 540, 143 So. 855.
Regardless of what the relationship or feeling was as between Mrs. Evans and deceased, the appellant would have no right to kill, particularly under the circumstances reflected by the record in this case. This objection came to the cross-examination of the State's witness and no record was made as to what the answer of the witness would have been. Consequently, there is nothing for this court to review.
Temple v. State, 165 Miss. 798, 145 So. 749; Reece v. State, 154 Miss. 862, 123 So. 892.
From a death sentence on a charge of murder in the killing of K.C. Jones, Pearlie Evans appeals to this Court.
(1) It is said that the Court erred in refusing to grant instructions that the jury might convict defendant of manslaughter. The facts in this case show without question that the appellant was guilty of murder, and that with deliberate design he shot to death the deceased at a time when all present were begging him not to do so. He turned a cold deaf ear to their cries for mercy.
(2) The Court below committed no error as to rejection or admission of evidence. The motion for a new trial was properly overruled. There is no reversible error in the case.
The judgment of the Court below will be affirmed, and Friday, December 9th, 1938, fixed as the date for the execution of defendant.
Affirmed.