Kelly v. State
Mississippi Supreme Court
Appeal from the circuit court of Clarke county. HoN. R. W. Heidelburg, Judge. Huh Kelly was convicted of forgery and appeals. The facts are fully stated in the opinion of the court. Argument on assignment of error number three.
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Appeal from the circuit court of Clarke county. HoN. R. W. Heidelburg, Judge. Huh Kelly was convicted of forgery and appeals. The facts are fully stated in the opinion of the court. Argument on assignment of error number three. Because the court granted .the following instruction for the state, which instruction appears on page 70 ■of the record: “The court instructs the jury for the state that by a reasonable doubt is meant not a mere-speculative doubt or vague conjecture, mere supposition or hypothesis, but such a doubt as reasonably arises out of the testimony, a doubt for which a reason…
1Opinion of the CourtPotter, J.
The appellant in this ease was indicted, tried, and convicted at the March term, 1916, of-the circuit court of Clarke county on a charge of forgery, and was sentenced to serve four years in the penitentiary. In the trial of this case the court granted the following-instruction for the state:
“The court instructs the jury for the state that by a reasonable doubt is meant not a mere- speculative-doubt or vague conjecture,- mere supposition, or-*248hypothesis, but such a doubt as reasonably arises out of tbe testimony; a doubt for which a reason can be given. ’ ’
This instruction is practically tbe…
2Cases cited2 opinions
- Hale v. StateMississippi Supreme Court · 1894
- Knight v. StateMississippi Supreme Court · 1896
3Cited by4 opinions
- Simmons v. StateSupreme Court of Florida · 1945
- State v. PerkinsWashington Supreme Court · 1949
- State v. TaylorIdaho Supreme Court · 1955
- State v. TaylorIdaho Supreme Court · 1955