Harris v. State

Citations

• 71 Miss. 462

Syllabus

<p>1. Verdict. Insufficiency of evidence. New trial.</p> <p>Reluctant as this court is to disturb a verdict upon the sole ground of the insufficiency of the evidence, where there is a palpable failure of proof to warrant the particular verdict rendered, it will not be allowed to stand.</p> <p>2. Same. Oircumstantial testimony. Verdict unsupported.</p> <p>One being convicted of assault and battery with intent to kill his wife, on mere evidence of her outcries, indicating that she was being beaten, and of an incriminating answer by some one who was not seen by the witnesses at the time, together with admissions that he had slapped his wife, and had “ whipped her with a board,” and proof of small bruises on her person, there being evidence of an aggravated assault, but not adequate proof of an intention to kill, a new trial will be granted.</p>