Mississippi Supreme Court, 1903

Butler v. State

Mississippi Supreme Court · Decided October 15, 1903 · Truly

83 Miss. 437

Cases that cite this one

1 later published case cites this decision.

Cothern v. State (Miss. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Truly, J.,

delivered the opinion of the court.

The instruction granted for the state informs the jury that “if there was a clear intent on the part of the defendant to commit violence on the person of McCulley,” then the jury should find that the assault had been committed. This instruction furnishes no definite legal rule for the guidance of the jury. It does not state that the jury must believe “from the evidence” that this intent existed, nor that they must so be*439lieve “beyond a reasonable doubt.” Both of these expressions are absolutely necessary under the facts of this case. Goodwin v. State, 73 Miss., 873, 19 South., 712.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.