Irving v. State

56 So. 377 | Miss. | 1911

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 omits 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.