DAY v. STATE

No. 90-KA-0108.

589 So.2d 637 (1991)

Calvin DAY v. STATE of Mississippi.

Supreme Court of Mississippi.

November 6, 1991.


Attorney(s) appearing for the Case

Sam N. Fonda, Lott Franklin Fonda & Flanagan, Greenwood, for appellant.

Mike C. Moore, Atty. Gen., Wayne Snuggs, Asst. Atty. Gen., Jackson, for appellee.

En Banc.


BANKS, Justice, for the Court:

I

Here we are confronted with the question of whether it is error to exclude evidence of prior threats made by a homicide victim to the accused where the accused takes the position that the ultimate shooting was accidental but the prior threats have bearing on the issue of whether the result was manslaughter or murder. Because the difference between murder and manslaughter is measured by the perpetrator's state of mind it is...

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