Irving v. StateIrving v. State
Oct 15, 1911
- Reporters:
- ,
- Before:
- Smith
Smith, J.,
delivered the opinion of the court.
The first instruction granted by the court below at the request of the state is erroneous, for the reason that it *211omits the necessary qualification that circumstantial evidence, in order to prove guilt beyond a reasonable doubt, must exclude every other reasonable hypothesis than that of guilt. Williams v. State, 95 Miss. 671, 49 South. 513; Permenter v. State, 54 South. 949.
Reversed and remanded.