Burt v. State
Mississippi Supreme Court
From the circuit court of Attala county. HoN. C. H. Campbell, Judge. Appellant, Burt, was convicted of the murder of Jesse Evans, and sentenced to life imprisonment. The conviction rests mainly on circumstantial evidence. There was also certain testimony tending to show a threat by accused against deceased. Evans,. the deceased, had been charged with the killing of one Eyals, a half-brother of Burt, -the accused.
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From the circuit court of Attala county. HoN. C. H. Campbell, Judge. Appellant, Burt, was convicted of the murder of Jesse Evans, and sentenced to life imprisonment. The conviction rests mainly on circumstantial evidence. There was also certain testimony tending to show a threat by accused against deceased. Evans,. the deceased, had been charged with the killing of one Eyals, a half-brother of Burt, -the accused. One McGlaum, a witness for the state, testified that soon after Ryals was killed, he met accused, and remarked to him that he had heard that his half-brother had been killed, and he,…
1Opinion of the CourtWhitfield, J.
It is assigned for error that the court erred in granting the second instruction asked by the state. We held, at this term, in Brown v. State, ante, p. 95, that this instruction is erroneous. The facts of this case, a case in which the evidence consists of vague threats and circumstantial evidence, emphasize with peculiar force the correctness of that ruling. This certainty is a case in which we cannot say such charge was not material, reversible error. Th¿ many unwise efforts to define a reasonable doubt are very remarkable, in view of the previous decisions of this court and of other…
2Cases cited4 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Hawthorne v. StateMississippi Supreme Court · 1881
- Josephine v. StateMississippi Supreme Court · 1872
- Taylor v. StateMississippi Supreme Court · 1876
3Cited by14 opinions
- People v. BrighamCalifornia Supreme Court · 1979
- King v. StateMississippi Supreme Court · 1991
- Williams v. StateMississippi Supreme Court · 1896
- Lipscomb v. StateMississippi Supreme Court · 1897
- Powers v. StateMississippi Supreme Court · 1897
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