Easter v. State

Dissenting Opinion.

Alexander, J.,

delivered a dissenting opinion.

A disaffection for the instruction involved and the uses to which it is too often put, lead me to make record of my disapproval of its form. The instruction has, in recognition of its dominant influence, been properly denominated “the sinker instruction.” Its acceptance in this state in its present form undoubtedly originated in Bell v. State, 89 Miss. 810, 42 So. 542, 119 Am. St. Rep. 722, 11 Ann. Cas. 431, where, although the instruction there considered stressed merely the need of unanimity, a discussion by the Court…