Brown v. State

Citations

• 72 Miss. 95

Syllabus

<p>1. Evidence. Competency of part. General objectioir insufficient.</p> <p>Failure to exclude incompetent parts, of the testimony of a witness will not be held erroneous where objection is not made until after he had 'finished testifying, and then only by a motion to exclude his entire testimony.</p> <p>2. Former Acquittal. Record. Identity of offense. Evidence.</p> <p>To avail of a former acquittal of unlawful retailing', the record must be introduced, and by evidence alivm.de the identity of the offense must be shown. Rocco v. State, 37 Miss., 857.</p> <p>. 3. Instruction. Refining reasonable doubt. Conscientious belief.</p> <p>An instruction in a criminal case in the following language is erroneous : “You are not required to know that defendant is guilty; but if you conscientiously believe, from all the testimony, he is guilty, you should convict, for then you have no reasonable doubt, and the case is made out to a moral certainty.” Conscientious belief is not necessarily belief beyond a reasonable doubt.</p>