Hammond v. State

Citations

• 74 Miss. 214

Syllabus

<p>1. Criminal Law. Indictment. Incompetent testimony before grand ju/ry.</p> <p>An indictment should not be quashed because the grand jury heard incompetent testimony.</p> <p>2. Same. Grand jurors as witnesses.</p> <p>Grand jurors are incompetent witnesses to prove upon what evidence an indictment was found.</p> <p>3. Same. Reasonable doubt. Instruction. Conscientious belief.</p> <p>The word “conscientiously” is a word of quality and not of quantity, and ought not to be used in'charg-es as to a reasonable doubt, but if the charge be that the jury, before convicting, must take into consideration all the evidence and “conscientiously” believe, beyond a reasonable doubt, defendant guilty, the word is mere surplusage.</p> <p>4. Same. Good character.</p> <p>The influence of evidence showing the good character of defendant should be left to the jury, and the court should not instruct that it is, or is not, sufficient to raise a reasonable doubt of g'uilt.</p>