Kellum v. State

Citations

• 64 Miss. 226

Syllabus

<p>1. Criminal Practice. Verdict. Certainty therein.</p> <p>K. was indicted and tried on a charge of grand larceny. The jury returned a verdict in these words : “ We, the jury, find the 1 defendd ’ guilty as charged in the indictment.” Held, that this verdict was good, as it evinces clearly the intention of the jury to find the defendant and no one else “guilty as charged in the indictment.”</p> <p>2. Same. Instruction, assigned for error. No evidence in record.</p> <p>The supreme court will not reverse a judgment because of instructions given, where the record contains none of the evidence, and it does not appear that such instructions would in no state of case have been proper. Hartford. Ins. Co. v. Orem, 52 Miss. 332, cited.</p>