Rowland v. State, 83 Miss. 483 (1904) p423.

Intentional homicide

D discovered his wife having sex with another man. The wife and man jumped out of the bed and ran into the other room. D aimed for the man, but instead shot and killed his wife.

Appellant was indicted for the murder of his wife. Was sentenced to imprisonment for life.

Is this crime reducible to manslaughter?

Killing in the heat of passion is manslaughter, not murder.

The conviction of murder was not warranted by the facts and cannot be sustained - this was manslaughter.

Common law allows a crime to be reduced from murder to manslaughter if it is shown that the prisoner found the deceased in the very act of adultery with his wife. No facts to show that appellant acted from a deliberate design to effect the death of the person killed.