Matthis v. State

Citations

• 80 Miss. 491

Syllabus

<p>1. Criminal Law. Murder. Evidence. Objections to. Supreme cou/rt practice.</p> <p>The supreme court, even in a murder case, will not consider an as- • sig-nment of error predicated of the admission of evidence if no objection was made in the court below to its introduction.</p> <p>3. Same. Confessions. Primate pa/rty.</p> <p>Where the defendant, on the night of the commission of the crime for which he is indicted, went to the home of a friend for assistance in concealing evidences of guilt, awakened his friend from slumber, saying, “George, I am in trouble;” to which the friend replied, 1 ‘ I always do all I can for a friend, ” and thereupon the defendant recited the details of his crime, the confession so made is admissible in evidence.</p> <p>3. Same. Instruction.</p> <p>The giving of an instruction in a criminal ease informing the jury that “ the defendant is presumed innocent until he is proved to be guilty, and his- guilt must be established beyond a reasonable doubt by competent evidence, ” does not constitute reversible error because of the use of the words “competent evidence.”</p> <p>4. .Same. Reasonable doubt. Want of evidence.</p> <p>An instruction on the subject of a reasonable doubt of guilt is not ’erroneous in' failing to direct an acquittal for such doubt as might 'arise from a want of evidence, unless there be some failure of-proof of which such a doubt could be predicated.</p>