Lewis v. State
Mississippi Supreme Court
Hrom the circuit court of Jackson county. LIon. William H. Hardy, Judge. Lewis, appellant, was indicted, tried and convicted of an as-sault and battery with intent to kill and murder one William •Jones and appealed to the supreme court.
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Hrom the circuit court of Jackson county. LIon. William H. Hardy, Judge. Lewis, appellant, was indicted, tried and convicted of an as-sault and battery with intent to kill and murder one William •Jones and appealed to the supreme court. The ninth instruction asked by defendant and refused by the trial court is as follows: “No. 9. The court instructs the jury that good character may in itself create a reasonable doubt, when otherwise no such doubt would exist; and if, in the judgment of the jury, the evidence of good character raises a reasonable doubt of defendant’s guilt, they have a right…
1Opinion of the CourtCalhoon, J.
The ninth instruction should have been given, and no doubt would have been given, by the learned judge below, if there had been any proper proof of defendant’s good character in the record. The only witness who touches on the subj ect of good ch araeter manifestly knew nothing about it, and did not undertake to anything about it, except that defendant had always been good and peacable since he worked for him (the witness), and in another place, that it had been good since he (the defendant) has been in my employment.” This action, therefore, does not militate against the proposition, which…
2Cited by7 opinions
- Shelton v. StateMississippi Supreme Court · 1930
- Anderson v. StateMississippi Supreme Court · 1910
- Calloway v. StateMississippi Supreme Court · 1929
- Waldrop v. StateMississippi Supreme Court · 1910
- Rosser v. StateMississippi Supreme Court · 1957
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