Ellis v. State
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. I. Ballengeb, Judge. Will Ellis was convicted of murder and appeals. The facts are fully stated in the opinion of the corut.
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Appeal from the circuit court of Harrison county. Hon. J. I. Ballengeb, Judge. Will Ellis was convicted of murder and appeals. The facts are fully stated in the opinion of the corut. The first error assigned is that the court erred in granting instruction No. 3, for the state, which is as follows, to wit: The court charges the jury for the state that murder is the unlawful and felonious killing of a human being with malice aforethought; and in this case i'f you believe from the evidence beyond a reasonable doubt that the defendant unlawfully and feloniously kille’d Sidney Harris, with malice…
1Opinion of the CourtCook, J.
• Appellant was convicted and sentenced to the penitentiary for life for the murder of Sidney Harris. The evidence upon which the verdict of guilty was secured is entirely circumstantial and warranted the verdict.
Appellant complains of two instructions given by the court at the request of the state, which are here copied, viz.:(a) “The court charges the jury, for the state, that circumstantial evidence is competent and legal in crimi-nal cases; and if it is of such a character and quality to exclude every other reasonable hypothesis, other than that the defendant is guilty, it is entitled to…
2Cases cited1 opinion
- Simmons v. StateMississippi Supreme Court · 1914
3Cited by3 opinions
- Pittman v. StateMississippi Supreme Court · 1974
- Hull v. StateMississippi Supreme Court · 1977
- Smith v. StateMississippi Supreme Court · 1933