Irving v. State

Mississippi Supreme Court

Irving v. State

56 So. 377, 100 Miss. 208

CourtMississippi Supreme Court

DecidedOctober 15, 1911

StatusPublished

Cited by4 cases

This text of 56 So. 377 (Irving v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Irving v. State, 56 So. 377, 100 Miss. 208 (Mich. 1911).

Pincite

Opinion

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 [211]*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.

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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 [211]*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.

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Bluebook (online)

56 So. 377, 100 Miss. 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-v-state-miss-1911.

Opinion

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