Knight v. State
Mississippi Supreme Court
From the circuit court of Washington county. Will Knight, described in the evidence as a “yellow man,” was indicted and convicted of grand larceny and sentenced to the penitentiary for a term of two years, from which conviction and sentence he has appealed. The property alleged, to have been stolen was a horse, the property of Joseph Carter.
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From the circuit court of Washington county. Will Knight, described in the evidence as a “yellow man,” was indicted and convicted of grand larceny and sentenced to the penitentiary for a term of two years, from which conviction and sentence he has appealed. The property alleged, to have been stolen was a horse, the property of Joseph Carter. It appeared from the evidence that Carter, on February 24, 1896, rode the animal up to a friend’s cornhouse and hitched him to one of the puncheons. This was between seven and eight o’clock in the evening. Leaving the horse, the reverend gentleman called…
1Opinion of the CourtWhitfield, J.
The first instruction asked by appellant should have been given as asked. The modification was specially harmful in a case like this, where the defendant relied very strongly upon *142the want of evidence connecting him with the offense. In the elaborate and learned note of Mr. Freeman to Burt v. State, 48 Am. St. R., 570, s.c., 72 Miss., 408, it is said: “So it is error to limit a reasonable doubt to something which is suggested by, or arises from, or springs out of, the evidence adduced, as this gives too narrow a definition of reasonable doubt. Such a doubt may arise from a want of evidence as…
2Cases cited4 opinions
- Hale v. StateMississippi Supreme Court · 1894
- Densmore v. StateIndiana Supreme Court · 1879
- Burt v. StateMississippi Supreme Court · 1894
- Wright v. StateIndiana Supreme Court · 1879
3Cited by3 opinions
- State v. De LeaMontana Supreme Court · 1908
- Herman v. StateMississippi Supreme Court · 1897
- Kelly v. StateMississippi Supreme Court · 1916