Bell v. State

Citations

• 89 Miss. 810
• 42 So. 542

Syllabus

<p>1. Criminal Law. -Homicide. Instructions. Error not cured by subsequent Instruction.</p> <p>On a trial for homicide, an instruction announcing that flight may only be considered as a circumstance of guilt, and that defendant must be acquitted, unless shown to be guilty beyond every reasonable doubt arising from the evidence, does not cure a refusal to give defendant an instruction authorizing the jury to consider the fact that defendant went to his home after the killing, notified the sheriff that he would surrender himself in a short time, and surrendered himself the next day.</p> <p>2. Same. Instruction dealing with individual jurors.</p> <p>On a trial for homicide an instruction on the subject of a reasonable doubt, dealing with the jury as a whole, will not cure the refusal of an instruction on the same subject, properly drawn, dealing with the individual juror.</p> <p>3. Same. Deliberation of jury.</p> <p>In a criminal case, if any individual juror, as distinguished from the jury as a whole, entertains a reasonable doubt of defendant’s guilt, there should not be a conviction.</p>