Burgess v. State

The Circuit Court of Wilkinson County sentenced appellant to serve three years in the State penitentiary for the theft of a heifer calf of the value of $65.00. On appeal appellant insists that (a) be was entitled to a peremptory instruction, and (b) that the State erred in not including in its instruction the statement that the jury must believe him guilty to the exclusion of every other reasonable hypothesis.

On the morning of August 15, 1961, on the side of a public road in Wilkinson County, there was found the severed bead of a red calf marked with a smooth crop off the right ear. The calf…