defect instruction (Mississippi) · Go Syfert
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defect instruction in Mississippi

6 Mississippi opinions name it 2 courts 1963–2000 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Pittman v. Stategreen
miss · 1974 · cited in 4 Mississippi opinions naming this issue, 1998–2000
2 sentences

2000As we recently held in Brown v. State, 768 So.2d 312 (Miss.Ct.App.1999): The defect in an instruction that says guilt of murder exists if "the deliberate design to kill exists but for an instant," is that it does not tell the jury that "the deliberate design to kill might exist and the killing be manslaughter." Pittman v. State, 297 So.2d 888, 893 (Miss.1974).

2000Ct. App. Dec. 7, 1999): The defect in an instruction that says guilt of murder exists if "the deliberate design to kill exists but for an instant," is that it does not tell the jury that "the deliberate design to kill might exist and the killing be manslaughter." Pittman v. State , 297 So.2d 888 , 893 (Miss. 1974).

44

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Brown v. State green
missctapp · 1999
1 sentence

2000As we recently held in Brown v. State, 768 So.2d 312 (Miss.Ct.App.1999): The defect in an instruction that says guilt of murder exists if "the deliberate design to kill exists but for an instant," is that it does not tell the jury that "the deliberate design to kill might exist and the killing be manslaughter." Pittman v. State, 297 So.2d 888, 893 (Miss.1974).

12000–2000
Peterson v. Peterson green
miss · 1995
1 sentence

1999Id. at 54 .

11999–1999
Birdsong v. Town of Mendenhall neutral
· 1910
2 sentences

1963While knowledge of a defect does not bar a recovery, Birdsong v. Mendenhall, 97 Miss. 544 , 52 So. 795 , knowledge of the defect does have a direct bearing on the question of the degree of negligence, if any, on the part of appellee.

1963While knowledge of a defect does not bar a recovery, Birdsong v. Mendenhall, 97 Miss. 544 , 52 So. 795 , knowledge of the defect does have a direct bearing on the question of the degree of negligence, if any, on the part of appellee.

11963–1963

Where else courts name it

NY 59 (1883–2026) IL 27 (1917–2026) CA 17 (1909–2024) MI 17 (1892–2024) TX 17 (1927–2024) MO 13 (1911–2022) CT 11 (1976–2016) IN 9 (1884–1991) GA 8 (1960–2019) LA 7 (1957–2005) OH 7 (1970–2021) FL 7 (1901–2014) AR 6 (1899–2013) TN 6 (1898–2012) MS 6 (1963–2000) WA 6 (1909–2014) OR 6 (1910–2021) NE 5 (1917–1955) MN 5 (1891–1995) AL 4 (1915–2001) MA 4 (1869–2024) KS 4 (1887–2008) OK 4 (1902–1991) WI 4 (1996–2025) KY 4 (1900–1971) PA 4 (2010–2025) MD 3 (1939–2025) IA 3 (1907–1953) VT 3 (2015–2015) NM 3 (1982–2022) NC 3 (1936–2005) AK 2 (1971–1974) NJ 2 (1944–2002) WV 2 (1988–2018) VA 2 (1926–2013) DC 2 (2001–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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