Mixon v. State

Citations

• 55 Miss. 525

Syllabus

<p>1. Criminal Law. Instruction,. Reasonable doubt.</p> <p>On the trial of an indictment it is error for the court to instruct the jury that, “ while it is true that the state must make out its case beyond a reasonable doubt, yet it is also true that absolute, metaphysical, and demonstrative certainty is never required; that which amounts to a mere supposition or probability is not what is meant by a reasonable doubt.” The words “ probability ” and “metaphysical ” are improperly employed in such instruction.</p> <p>2. Same. Eoidence. Where admitted to contradict witness without laying foundation.</p> <p>M. was indicted for murder. Two witnesses for the state testified on the trial that, on the night after the killing, they had severally identified the defendant as the person they saw do the killing, selecting him as the guilty one from several persons produced before them for identification of the slayer. To rebut this evidence the defendant offered to prove that those witnesses did not, on the occasion mentioned, identify the defendant as him who had done the killing. The evidence proposed by the defendant was excluded. Held, that it was error to reject the evidence offered; and that the defendant had the right to prove what occurred on the occasion referred to, whether of words or acts, without laying a foundation therefor by examining the state’s witnesses as to those matters.</p>