Dawson v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Feathekston, Judge. Alien Dawson, having been convicted, of arson, appealed to this court and assigned for error, together with other assignments not noticed by this court, the action of the court below in giving the third instruction for the State. That instruction.is set forth in the opinion of the court. Instruction No. 3 for the State is a charge upon the weight of evidence and is erroneous.
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Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Feathekston, Judge. Alien Dawson, having been convicted, of arson, appealed to this court and assigned for error, together with other assignments not noticed by this court, the action of the court below in giving the third instruction for the State. That instruction.is set forth in the opinion of the court. Instruction No. 3 for the State is a charge upon the weight of evidence and is erroneous. Thomas v. The State, 61 Miss. 65; Simmons v. The State, lb. 244; Allen v. The State, 63 Ind. 589. If the defense of an alibi is good when…
1Opinion of the CourtArnold, J.
The third instruction given for the State and to which appellant excepted is in these words : “The court instructs the jury that if testimony has been offered to establish an alibi, or the absence of the defendant at the time the crime is charged to have been committed, that such testimony should be weighed with great caution in connection with all the evidence in the case, because it is a defense easily fabricated and often attempted by contrivance or perjury; but when it is fully and satisfactorily established by the evidence to the satisfaction of the jury, it is a good and complete legal…
2Cases cited5 opinions
- Cunningham v. StateMississippi Supreme Court · 1879
- Hawthorne v. StateMississippi Supreme Court · 1881
- Pollard v. StateMississippi Supreme Court · 1876
- Nelms v. StateMississippi Supreme Court · 1880
- Simmons v. StateMississippi Supreme Court · 1883
3Cited by9 opinions
- Lamar v. StateMississippi Supreme Court · 1885
- Aszman v. StateIndiana Supreme Court · 1890
- State v. ShuffIdaho Supreme Court · 1903
- State v. CroweMontana Supreme Court · 1909
- State v. DanellySupreme Court of South Carolina · 1921
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