Hammond v. State
Hammond v. State
Opinion of the Court
delivered the opinion of the court.
On the appeal of the state the question is presented as to the propriety of the action of the court in quashing the'second indictment (No. 986 in the record) on the ground that the wife of the accused testified to material matters before the grand jury. And first we remark that the rule declared in this state that no inquiry can be entertained the object of which is to show that the indictment was found without the examination of any sworn witnesses (Smith & Covin v. State, 61 Miss., 754) would, in principle, exclude the inquiry here propounded. Four of the cases cited in Smith & Cavin v. State, supra, to
Turning now to the appeal by the defendant, we have to repeat what we have often said, that £ £ conscientiously ” is a word of quality, and not of quantity, and ought not to be used in charges as to reasonable doubt. But in the charge complained
It is urged that the court erred in refusing this charge: ‘ ‘ Good character of a defendant is of itself a sufficient fact from which a reasonable doubt of guilt may arise. ’ ’ The court had already charged the jury that the good character of a defendant was a fact they should consider, in connection with all the evidence, in determining the guilt or innocence of the defendant. The charge was properly refused. This court said in Coleman's case, 59 Miss., 490: “Evidence of the good character of the accused should go to the jury as any other fact, and its influence in the determination of the case should be left to the jury, without any intimation from the court as to its value. The court should not tell the j ury that satisfactory evidence of the good character of the accused is, or is not, sufficient to raise a reasonable doubt of his guilt.”
In Brown v. State, 5 So. Rep., 626, a physician was called to prove that death was caused by the blows inflicted in the whipping of the child, but declined to so testify. Nothing of that sort occurred in this case.
The law was most abundantly and liberally charged for the defendant. We find no error, and the judgment is
Affirmed.
Reference
- Full Case Name
- Cephas Hammond v. State
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- 1. Criminal Law. Indictment. Incompetent testimony before grand ju/ry. An indictment should not be quashed because the grand jury heard incompetent testimony. 2. Same. Grand jurors as witnesses. Grand jurors are incompetent witnesses to prove upon what evidence an indictment was found. 3. Same. Reasonable doubt. Instruction. Conscientious belief. The word “conscientiously” is a word of quality and not of quantity, and ought not to be used in'charg-es as to a reasonable doubt, but if the charge be that the jury, before convicting, must take into consideration all the evidence and “conscientiously” believe, beyond a reasonable doubt, defendant guilty, the word is mere surplusage. 4. Same. Good character. The influence of evidence showing the good character of defendant should be left to the jury, and the court should not instruct that it is, or is not, sufficient to raise a reasonable doubt of g'uilt.