Simmons v. State

At a former day of this term this case (64 So. 721) was reversed and remanded, because of errors in the instruction given by the trial court for the state. The case is again before us upon suggestion of error.

In the former opinion, the instruction condemned reads .as follows:

*464“The court instructs the jury for the state that the crime of rape may be proven by circumstances, and it is not necessary to have an eyewitness to the deed, if the-circumstances are sufficient to convince the jury beyond a reasonable doubt that the accused party is guilty.”

It is contended by the state that the error in…