Dawson v. State

Citations

• 62 Miss. 241

Syllabus

<p>1. Ai.ibi. Discredited as a defense. Erroneous instruction.</p> <p>Where the defendant in an indictment relies upon the defense of an alibi, it is error for the court to discredit, such defense by charging the jury that the evidence thereof “ should be weighed with great caution, because it is a defense easily fabricated and often attempted by contrivance or perjury,” even though the instruction declare that such defense when “ established by the evidence is a good and complete legal defense.”</p> <p>2. Same. How regarded as a defense.</p> <p>Such defense should be treated as any other, and not disparaged or prejudiced in the court’s instructions to the jury.</p> <p>3. Criminal Law. Proof of defense. Instruction.</p> <p>An instruction which requires a defendant on trial for a criminal offense to make out his defense “to the satisfaction of the jury” is erroneous. Whatever may be the character of the defense, it is sufficiently established if, upon consideration of all the evidence, there is a reasonable doubt of the guilt of the accused. Ingram, v. The State, ante, 142, died.</p>