Butler v. State
Mississippi Supreme Court
Bbom: the circuit court of Union county. How. PeeeiN H. Lowrey, Judge. Butler, appellant, was convicted of an assault and appealed tO'the supreme court. The evidence showed that a number of persons, including appellant, were engaged in digging a grave, and one of them, McCulley, had been jokng appellant a good deal, which angered him, and appellant picked up a shovel and started toward Mc-Oulley and threatened to strike him with it, but was caught and stopped.
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Bbom: the circuit court of Union county. How. PeeeiN H. Lowrey, Judge. Butler, appellant, was convicted of an assault and appealed tO'the supreme court. The evidence showed that a number of persons, including appellant, were engaged in digging a grave, and one of them, McCulley, had been jokng appellant a good deal, which angered him, and appellant picked up a shovel and started toward Mc-Oulley and threatened to strike him with it, but was caught and stopped. The instruction referred to in the opinion of the court is as follows: “The court instructs the jury for the state that an assault is…
1Opinion of the CourtTruly, J.
The instruction granted for the state informs the jury that “if there was a clear intent on the part of the defendant to commit violence on the person of McCulley,” then the jury should find that the assault had been committed. This instruction furnishes no definite legal rule for the guidance of the jury. It does not state that the jury must believe “from the evidence” that this intent existed, nor that they must so be*439lieve “beyond a reasonable doubt.” Both of these expressions are absolutely necessary under the facts of this case. Goodwin v. State, 73 Miss., 873, 19 South., 712.
Reversed and…
2Cases cited1 opinion
- Godwin v. StateMississippi Supreme Court · 1896
3Cited by4 opinions
- Meaut v. LanglinaisMississippi Supreme Court · 1961
- Butler v. StateMississippi Supreme Court · 1936
- Walters v. StateMississippi Supreme Court · 1936
- Cothern v. StateMississippi Supreme Court · 1953