capital murder, Murder, and manslaugther

The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases Miss. Code § 97-3-19(1):

When done with deliberate design to effect the death of the person killed, or of any human being, shall be first-degree murder

Example: shooting someone during an argument after deciding to do so.

• When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be second-degree murder

• Example: firing a gun into a crowded room.

When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies, shall be first-degree murder.

When done with deliberate design to effect the death of an unborn child, shall be first-degree murder.

(1) Except as otherwise provided for a juvenile offender in subsection (2) of this section, every person who is:

(a)Convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.

(b)Convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.

Miss. Code Ann. § 97-3-21