Harper v. State
Mississippi Supreme Court
From the circuit court of Attala county. ■ Hon. O. H. Campbell, Judge. Appellant, Ed Harper, was indicted jointly with another for the offense of burglary and larceny, the indictment charging that they feloniously and burglariously broke into a store-house and stole therefrom certain clothing, the house and clothing being the property of Kelly & Mills.
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From the circuit court of Attala county. ■ Hon. O. H. Campbell, Judge. Appellant, Ed Harper, was indicted jointly with another for the offense of burglary and larceny, the indictment charging that they feloniously and burglariously broke into a store-house and stole therefrom certain clothing, the house and clothing being the property of Kelly & Mills. A severance was granted, and, on the-trial of appellant, evidence was introduced tending to show that, soon after the clothing was missing, some of it was found in the possession of accused. In view of the opinion, it is not necessai’y to set…
1Opinion of the CourtWoods, J.
The evidence of recent possession by the accused of any goods proved to have been burglariously, stolen from the store-house of Kelly & Mills, is very unsatisfactory; and the •evidence of the burglary itself, as it appears in the record, is also very unsatisfactory.
But we reverse the judgment of the court below because of error committed in giving the first instruction asked by the state. This instruction is clearly in the face of the rule laid down in Stokes v. State, 58 Miss., 677, and re-affirmed in Matthews v. State, 61 Ib., 155. The law raises no presumption from recent possession of…
2Cases cited1 opinion
- Stokes v. StateMississippi Supreme Court · 1881
3Cited by8 opinions
- Crowell v. StateMississippi Supreme Court · 1943
- Wood v. StateMississippi Supreme Court · 1929
- Calhoun v. StateMississippi Supreme Court · 1941
- McDougal v. StateMississippi Supreme Court · 1945
- Carothers v. StateMississippi Supreme Court · 1920
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