Rowland v. State case brief summary
35 So. 826 (1904)
CASE FACTS
Defendant discovered his wife and another man in the very act of adultery. As his wife and the other man rushed out of the room, defendant fired at the man and killed his wife.
DISCUSSION
CONCLUSION
The court reversed defendant's conviction for murder and remanded to the trial court.
Recommended Supplements for Criminal Law
35 So. 826 (1904)
CASE SYNOPSIS
Defendant sought review of his
conviction by the Circuit Court of Prentiss County (Mississippi) for
the murder of his wife.CASE FACTS
Defendant discovered his wife and another man in the very act of adultery. As his wife and the other man rushed out of the room, defendant fired at the man and killed his wife.
DISCUSSION
- On appeal, the court found that the deceased and the other man were surprised by defendant under such conditions and amid such surroundings as to demonstrate with absolute certainty that they were then actually committing adultery.
- This fact alone, in legal contemplation, was adequate provocation to reduce the grade of the homicide, if then instantly committed, from murder to manslaughter.
CONCLUSION
The court reversed defendant's conviction for murder and remanded to the trial court.
Recommended Supplements for Criminal Law
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