Thompson v. State
Mississippi Supreme Court
BkoM the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Thompson, appellant, was indicted, tried, and convicted of the murder of one William Colter, sentenced to the penitentiary for life and appealed to the supreme court.
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BkoM the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Thompson, appellant, was indicted, tried, and convicted of the murder of one William Colter, sentenced to the penitentiary for life and appealed to the supreme court. On the trial in the court below be asked the following instructions, wbicb were refused: “The court instructs the jury that the law starts out with the presumption that the defendant is entirely innocent of the whole charge, and every part and parcel of it, and it is the duty of the jury to give the defendant the benefit of this right guaranteed to him by the…
1Opinion of the Court
TbulTj J.,
delivered the opinion of the court.
It has always been, is now, and we trust ever shall be, the law in criminal cases that, where there are two reasonable hypotheses arising out of and supported by the evidence, it is the duty of the jury to adopt the hypothesis consistent with innocence, even though the hypothesis of guilt be the more probable. It is likewise the law that it is the duty of the jury to reconcile the proven facts and circumstances with the theory of innocence, if such can reasonably be done. It is also true that there is no presumption of guilt permitted by the law,…
2Cases cited2 opinions
- Hale v. StateMississippi Supreme Court · 1894
- Owens v. StateMississippi Supreme Court · 1902
3Cited by12 opinions
- Goff v. StateMississippi Supreme Court · 2009
- Terry v. StateMississippi Supreme Court · 1998
- Xavier Collins Johnson v. State of MississippiMississippi Supreme Court · 2017
- Fisher v. StateMississippi Supreme Court · 1928
- Brady v. StateMississippi Supreme Court · 1922
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