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71 Miss. L.J. 35 (2001-2002)
Murder and Manslaughter in Mississippi: Unintentional Killings

handle is hein.journals/mislj71 and id is 43 raw text is: MURDER AND MANSLAUGHTER IN MISSISSIPPI: UNINTENTIONAL KILLINGS Michael H. Hoffheimer* A man's state of mind is hard enough for him to know, much less for others to prove without his help.' Table of Contents Introduction .................................. 37 I. Historical Background .......................... 39 A. Common Law ............................39 B. Non Common Law Jurisdictions .............. 51 C. Mississippi Statutory Treatments of Murder ..... 53 1. Mississippi Territory 1798-1817 ............ 53 2. Early State Legislation 1817-1824 .......... 57 3. The Penitentiary Code of 1839: Roots of Current Homicide Statutes .............. 60 4. Consolidation and Simplification (1857) ...... 72 From premeditated design to deliberate design.. .......................... 73 Felony murder and felony manslaughter .... 73 Elimination of degrees of manslaughter ..... 76 Resurrection of malice ................... 76 5. Modern Adjustments ..................... 80 Capital murder ........................ 80 Causing death of fetus ................... 86 Professor of Law, the University of Mississippi School of Law. Research funding for this work was underwritten by the National Center for Justice and the Rule of Law at the University of Mississippi School of Law, which is supported by a grant from the Office of Justice Programs at the United States Department of Justice (2000-DD-VX-0032). ' Windham v. State, 602 So. 2d 798, 807 (Miss. 1992) (Robertson, J., concurring).

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