Legal Opinion

Irving v. State

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 4 opinions

Appeal from the circuit court of Attala county. Hon. Gr. A. McLean, Judge. Victor Irving was convicted of burglary and appeals. The evidence upon which the conviction rests is circumstantial; the state relying principally upon tracks, alleged to be those of the defendant, leading from the house of the prosecuting witness, in order to connect the defendant with the crime.

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Appeal from the circuit court of Attala county. Hon. Gr. A. McLean, Judge. Victor Irving was convicted of burglary and appeals. The evidence upon which the conviction rests is circumstantial; the state relying principally upon tracks, alleged to be those of the defendant, leading from the house of the prosecuting witness, in order to connect the defendant with the crime. On the trial the court, at the” request of the state, gave the following instruction: “(1) The court charges the jury that circumstantial evidence has been received in every age of the common law, and may arise so high in the…

1Opinion of the CourtSmith, J.

The first instruction granted by the court below at the request of the state is erroneous, for the reason that it *211omits the necessary qualification that circumstantial evidence, in order to prove guilt beyond a reasonable doubt, must exclude every other reasonable hypothesis than that of guilt. Williams v. State, 95 Miss. 671, 49 South. 513; Permenter v. State, 54 South. 949.

Reversed and remanded.

2Cases cited2 opinions

  1. Williams v. StateMississippi Supreme Court · 1909
  2. Permenter v. StateMississippi Supreme Court · 1911

3Cited by4 opinions

  1. Williams v. StateMississippi Supreme Court · 1932
  2. Simmons v. StateMississippi Supreme Court · 1914
  3. Smith v. StateMississippi Supreme Court · 1911
  4. Hadley v. StateMississippi Supreme Court · 1965

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