Simmons v. State
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. HoN. D. M. MilleR, Judge. J. E. Simmons was convicted of rape and appeals. The facts are sufficiently stated in the opinion of the court. Instruction number one is fatally defective, because it omits 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.”
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Appeal from the circuit court of Lincoln county. HoN. D. M. MilleR, Judge. J. E. Simmons was convicted of rape and appeals. The facts are sufficiently stated in the opinion of the court. Instruction number one is fatally defective, because it omits 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; Irving v. State, 100 Miss. 208; Fermenter v. State, 54 So. 949; Smith v. State, 101 Miss. 283; Bape, Cent. Dig., sec. 88-100; Dec. Dig. 59.…
1Opinion of the CourtSmith., C. J.
This cause is for the second time before us. On the first appeal, which will be found reported in the 61 Southern, 826, one of the errors for which the judgment of the *736court below was reversed was tbe granting at tbe request of tbe state of tbe following instruction to tbe jury: “Tbe court further instructs tbe jury that tbe crime of rape may be proven by circumstances, and it is not necessary to bave an eyewitness to tbe deed, if tbe circumstances in evidence are sufficient to create in tbe minds of tbe jury a belief that tbe accused party is guilty beyond a reasonable doubt.”
When tbe cause…
2Cases cited11 opinions
- Pitts v. StateMississippi Supreme Court · 1871
- Algheri v. StateMississippi Supreme Court · 1872
- Williams v. StateMississippi Supreme Court · 1909
- Webb v. StateMississippi Supreme Court · 1895
- James v. StateMississippi Supreme Court · 1871
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3Cited by7 opinions
- Williams v. StateMississippi Supreme Court · 1984
- Jones v. StateMississippi Supreme Court · 1994
- Williams v. StateMississippi Supreme Court · 1932
- Fortenberry v. StateMississippi Supreme Court · 1953
- Harris v. StateMississippi Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.