Smith v. State
Mississippi Supreme Court
Appeal from the circuit court of Choctaw county. Hon. G. A. McLean, Judge. Omar Smith was convicted of murder and appeals. Among other errors assigned is the action of the court in giving instructions'numbered 8 and 11, requested by the state. “(8) The court charges the jury that they do not have to know that the defendant is guilty before they can convict him.
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Appeal from the circuit court of Choctaw county. Hon. G. A. McLean, Judge. Omar Smith was convicted of murder and appeals. Among other errors assigned is the action of the court in giving instructions'numbered 8 and 11, requested by the state. “(8) The court charges the jury that they do not have to know that the defendant is guilty before they can convict him. It is only necessary that they should believe from all the evidence in the ease beyond a reasonable doubt that he is guilty, and if they do believe from all the evidence in this case, beyond a reasonable doubt, that the defendant is…
1Opinion of the CourtSmith, C. J.
Appellant, having been convicted of the crime of murder and sentenced to life imprisonment in the state penitentiary, appeals to this court. On the evidence, which was in hopeless conflict, his guilt was a question of fact-for-the jury.
*370After a jury had been impaneled to try this cause, and while the examination of the first witness introduced by the state was being conducted, a telegram was received for one of the jurors, notifying him of serious illness in his family. It was agreed by counsel, representing both the. state and defendant, that the juror should be excused, which was accordingly…
2Cases cited6 opinions
- Lipscomb v. StateMississippi Supreme Court · 1898
- Burt v. StateMississippi Supreme Court · 1894
- Dennis v. StateMississippi Supreme Court · 1907
- Brown v. StateMississippi Supreme Court · 1894
- Cannon v. StateMississippi Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gilliard v. StateMississippi Supreme Court · 1983
- Puckett v. StateMississippi Supreme Court · 1999
- Powers v. StateMississippi Supreme Court · 1933
- Bridges v. StateMississippi Supreme Court · 1929
- Davis v. StateMississippi Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.