Smith v. State
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Anna Smith was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Anna Smith was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court. The last assignment of error which we care to discuss is with reference to the first instruction given for the state, an instruction right in the teeth of two recent decisions of this court, to-wit: Permenter v. State, 54 So. 949, and Irving v. State, 56 So. 377. The last case was decided by Mr. Justice Smith on the 6th of last month. The instruction complained of is as follows: ‘ ‘ The court instructs the jury for…
1Opinion of the CourtSmith, J.
One of the instructions granted in the court below, at the request of the state, is as follows: “The court instructs the jury, for the state, that a person may be proved to be a common prostitute by circumstances, and *286if the jury believe from the evidence in this case, beyond every reasonable doubt, that the defendant is a common prostitute, then it is their duty to find the defendant guilty as charged, although there may be no direct evidence of sexual intercourse.” The granting of this instruction was fatal error, for the reason that “it omits the necessary qualification that circumstantial…
2Cases cited3 opinions
- Williams v. StateMississippi Supreme Court · 1909
- Permenter v. StateMississippi Supreme Court · 1911
- Irving v. StateMississippi Supreme Court · 1911
3Cited by3 opinions
- Williams v. StateMississippi Supreme Court · 1932
- Simmons v. StateMississippi Supreme Court · 1914
- Hadley v. StateMississippi Supreme Court · 1965