Williams v. State
Mississippi Supreme Court
From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. The appellant was indicted for the murder of one Zion Ross, and convicted of manslaughter. The second instruction given for the state was as follows: The court instructs the jury that a reasonable doubt, in a legal sense, is a doubt which has some reason for its basis, as defined in these instructions. It does not mean a doubt from a mere caprice, or groundless conjecture.
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From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. The appellant was indicted for the murder of one Zion Ross, and convicted of manslaughter. The second instruction given for the state was as follows: The court instructs the jury that a reasonable doubt, in a legal sense, is a doubt which has some reason for its basis, as defined in these instructions. It does not mean a doubt from a mere caprice, or groundless conjecture. A reasonable doubt is such a doubt that the jury are able to give a reason for; such a doubt as would cause a reasonable, prudent and considerate man, in…
1Opinion of the CourtWhitfield, J.
The second instruction for the state is erroneous in attempting to define reasonable doubt. We do not think it open to objection on the ground urged, but the concluding part of the charge expressly defines reasonable doubt by telling the jury that ‘ ‘ abiding conviction of the guilt ’ ’ of the defendant, or full satisfaction of his guilt, is the equivalent of belief beyond a reasonable doubt. This is another of the many vain attempts to ‘ compute that which is not number, and measure that which .is not space.” Burt v. State, 72 Miss., 408.
Margaret Kelly, a witness for the defendant,…
2Cases cited7 opinions
- Seller v. JenkinsIndiana Supreme Court · 1884
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- Welch v. StateIndiana Supreme Court · 1885
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
- Burt v. StateMississippi Supreme Court · 1894
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3Cited by49 opinions
- Stringer v. StateMississippi Supreme Court · 1986
- White v. StateMississippi Supreme Court · 1988
- Flowers v. StateMississippi Supreme Court · 2000
- Flowers v. StateMississippi Supreme Court · 2003
- Croft v. StateMississippi Supreme Court · 2008
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