Osborne v. State

Mississippi Supreme Court
Osborne v. State, 64 Miss. 318 (Miss. 1886)
Campbell

Osborne v. State

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

, The evidence is not sufficient to show satisfactorily the nature and character of the substance charged by the indictment to be poison. That persons were made very sick by it does not prove it was poison, and that a chicken died after eating meal containing this substance does not prove it was poison. Chemical examination or the testimony of experts is not necessary, but the evidence of the action of the alleged poison must be sufficient to show it to be such. Many things taken into the stomach may produce sickness which will not result in death, and the death of a chicken from eating what made human beings very sick is an unsatisfactory test of the poisonous nature of the substance. The character of the sickness of the persons, their symptoms, the remedies resorted *321to, the length of time after eating the bread, the duration of the sickness, are not shown by the bill of exceptions. It does not appear that any person died from eating this substance. Many were made sick and all got well. Whether antidotes to poison were used, whether a physician was summoned, or whether each of the sick recovered without any remedial agent being employed does not appear. If all the sick recovered without resorting to antidotes for poison, it may be gravely doubted if they swallowed poison.

In order to maintain a conviction under this indictment it must be proved that the substance administered was capable of destroying life. As said above, this need not be proved by a chemist or expert, and may be proved by results, but they must not be of doubtful or uncertain character.

Reversed and remanded.

Reference

Full Case Name
Elias Osborne v. State
Status
Published
Syllabus
1. Attempt to MtjbdeR. Poison. Evidence of. In order to maintain a conviction under an indictment for an attempt to commit murder by administering poison, it must be proved that the substance administered was capable of destroying -life. This may be shown by results as well as by expert testimony, but such results must not be of doubtful or uncertain character. 2. Same. Poison. Phridenceof. Cáse in judgment. O. was indicted for an attempt to murder H. with a poison called “ Rough on Rats.” The evidence showed that O. had put a powder in H.’s corn-meal, and that bread made of the meal caused H. and his family to become very sick, and a chicken died soon after eating the meal. There was no other proof as to the nature of the substance charged to' be poison, or of its poisonous effects. Held, that the evidence adduced does not show satisfactorily that the substance for administering which O. was .indicted was a poison.