Mississippi Supreme Court, 1911

Irving v. State

Mississippi Supreme Court · Decided October 15, 1911 · Smith

100 Miss. 208; 56 So. 377

Cases that cite this one

4 later published cases cite this decision.

Hadley v. State (Miss. 1965)
Williams v. State (Miss. 1932)
Simmons v. State (Miss. 1914)
Smith v. State (Miss. 1911)

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

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.

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