Foster v. State
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. S. S. CalhouN, Judge. The facts in this case, and the instructions commented upon, are stated in the opinion of the court. Errors are assigned as follows : . 1. The court erred in granting the 1st instruction for the state. 2. In refusing the 3d instruction for the defendant. 3. In qualifying the 3d instruction asked by the defendant. 4. In overruling the motion for a new trial.
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Error to the Circuit Court of Madison County. Hon. S. S. CalhouN, Judge. The facts in this case, and the instructions commented upon, are stated in the opinion of the court. Errors are assigned as follows : . 1. The court erred in granting the 1st instruction for the state. 2. In refusing the 3d instruction for the defendant. 3. In qualifying the 3d instruction asked by the defendant. 4. In overruling the motion for a new trial. The 1st instruction for the state is erroneous in this: it instructs the jury that the burden of proof is upon the defendant to show, by evidence, that he came…
1Opinion of the CourtSimrall, C. J.
It has been most strenuously argued at the bar that as the ¡accused, Greeu Foster,- stated at the time he was found in possession of the stolen property, that he had bought it from •one Gallaway, the burden of proving the falsity of the statement devolved upon the state, and not, as insisted, having done -so, the conviction is wrong.
We have thought it necessary to examine the state of the law as to the criminating effect of the possession of stolen property. The rule, as laid down in the books, is to this effect: The possession of stolen property by the accused, recently after the theft, is…
2Cases cited7 opinions
- Belote v. StateMississippi Supreme Court · 1858
- State v. GraySupreme Court of Missouri · 1866
- Davis v. StateMississippi Supreme Court · 1874
- People v. AntonioCalifornia Supreme Court · 1865
- Jones v. PeopleIllinois Supreme Court · 1850
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3Cited by11 opinions
- Pearson v. StateMississippi Supreme Court · 1963
- Horn v. StateMississippi Supreme Court · 1933
- White v. City of PhiladelphiaMississippi Supreme Court · 1944
- Wilkinson v. StateMississippi Supreme Court · 1900
- McDougal v. StateMississippi Supreme Court · 1945
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