Spell v. State
Mississippi Supreme Court
From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Spell, the appellant, a negro, was indicted and tried for an attempt to rape, convicted, and sentenced to the penitentiary for ten years, and appealed to the supreme court.
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From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Spell, the appellant, a negro, was indicted and tried for an attempt to rape, convicted, and sentenced to the penitentiary for ten years, and appealed to the supreme court. The prosecutrix, a Madame Quick, testified that she was aroused from her sleep at night by some one touching her body, which was partially uncovered; that she dimly perceived some one upon her bed, leaning over her; that on her screaming the person retreated, jumping through an open window, and disappeared, and that she could not say who the person…
1Opinion of the Court
Whitfield, C. J.,
delivered the opinion of the court..
The crux of this case was the query: Is the defendant the person who committed this crime ? The only evidence as to the identity of the defendant is certain testimony as to the tracks and the fitting of the shoes of defendant in some of these tracks. It was of the last importance to a fair trial that the question of identity should have been properly guarded by instructions. On this meager testimony as to the identity the appellant asked instruction No. 17, reading as follows: “The court instructs the jury that there is no presumption that…
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