McLendon v. State

The assignments are argued by appellant and the first is that he should have been granted the peremptory instruction requested by him.

The rule in regard to the peremptory instruction is the same in criminal as in civil cases, Justice v. State, 170 Miss. 96, 154 So. 265, and that rule, to restate it, is that taking all the evidence in behalf of the state as true, together with all the sound or reasonable inferences that may be drawn therefrom, if there be enough to support a verdict of conviction, the peremptory must be denied. If beyond this the court is to be called on to review the facts…