Eubanks v. State

Appellant Clyde Eubanks was convicted of receiving-stolen property of the value of less than $25.00. Mississippi Code 1942, Sections 2249, 2538. We have considered carefully the testimony, and it was sufficient as against a peremptory. However, the case will have to be reversed and remanded for a new trial because of some erroneous instructions granted the State.

The State was granted the following instruction: “The court instructs the jury for the State of Mississippi that unexplained flight is a circumstance from which an inference of guilt may be drawn and considered with all the other…