Runnels v. State
Mississippi Supreme Court
From tbe circuit court of, first district, Hinds county. HoN. Wiley H. Potteb, Judge. Runnels, tbe appellant, was indicted and tried for robbery, was convicted and sentenced to tbe penitentiary for a term of three years, and appealed to tbe supreme court. Tbe principal assignment of error was predicated of tbe refusal of tbe court below to grant tbe sixth instruction requested by appellant.
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From tbe circuit court of, first district, Hinds county. HoN. Wiley H. Potteb, Judge. Runnels, tbe appellant, was indicted and tried for robbery, was convicted and sentenced to tbe penitentiary for a term of three years, and appealed to tbe supreme court. Tbe principal assignment of error was predicated of tbe refusal of tbe court below to grant tbe sixth instruction requested by appellant. This instruction is quoted in tbe opinion. 'We contend that tbe court below committed fatal error, in refusing tbe sixth instruction asked by tbe appellant, and we are warranted in making this contention,…
1Opinion of the Court
Smuth, J.,
delivered tbe opinion of tbe court.
In tbe court below tbe defendant requested and was refused tbe following instruction: “Tbe jury are instructed, for tbe defendant in this case, that if there arise from tbe evidence two reasonable theories, one favorable to tbe state and tbe other favorable to tbe defendant, it is their duty to accept tbe theory favorable to tbe defendant and acquit him, although tbe theory favorable to tbe state is tbe more reasonable and supported by tbe stronger evidence.”
Even if it should be beld that tbis instruction correctly announced' tbe law, its refusal…
2Cases cited1 opinion
- Thompson v. StateMississippi Supreme Court · 1903
3Cited by13 opinions
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- Boutwell v. StateMississippi Supreme Court · 1932
- Fisher v. StateMississippi Supreme Court · 1928
- Simmons v. StateMississippi Supreme Court · 1950
- Yarbrough v. StateMississippi Supreme Court · 1947
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