Burleson v. State

¶49. Respectfully, I dissent from the plurality’s decision to reverse Charles David Burleson’s conviction for failure to grant a circumstantial-evidence instruction. As previous members of this Court have recognized and expressed, this instruction is a mere restatement of the reasonable-doubt burden of proof and serves no real purpose, and I am in accord with those who have called for its abolition. See Mack v. State, 481 So.2d 793, 796 (Miss.1985) (Robertson, J., concurring); Montgomery v. State, 515 So.2d 845, 849 (Miss.1987) (Robertson, J., concurring); King v. State, 580 So.2d 1182, 1192…