Irving v. State

Mississippi Supreme Court October 15, 1911

Irving v. State, 100 Miss. 208 (Miss. 1911)

56 So. 377

Smith

Opinion of the Court

Smith, J.,

delivered the opinion of the court.

The first instruction granted by the court below at the request of the state is erroneous, for the reason that it *211omits the necessary qualification that circumstantial evidence, in order to prove guilt beyond a reasonable doubt, must exclude every other reasonable hypothesis than that of guilt. Williams v. State, 95 Miss. 671, 49 South. 513; Permenter v. State, 54 South. 949.

Reversed and remanded.

Reference

Full Case Name: Victor Irving v. State
Cited By: 4 cases
Status: Published
Syllabus: Ceiminal Law. Instructions. Circumstantial Evidence. An instruction in a criminal prosecution as to the value of circumstantial evidence is fatally defective if it omits the necessary qualification that circumstantial evidence in order to prove guilt beyond a reasonable doubt, must exclude every other reasonable hypothesis than' that of guilt.