Petty v. State

Citations

• 83 Miss. 260

Syllabus

<p>1. CRIMINAL Law. Mitrder. Identity of defendant. Credibility of witness. Instruction.</p> <p>Tbe identity of tbe murderer being tbe only question in tbe case, and it baying been shown that tbe only witness for tbe state, whose testimony tended to identify tbe defendant as being tbe guilty party had stated that be did not at tbe time of tbe homicide recognize tbe murderer, it was error to refuse defendant an instruction directing an acquittal, unless tbe jury believed, beyond every reasonable doubt arising from tbe evidence, that said witness saw and recognized defendant at tbe time of the killing.</p> <p>2. Same. Circumstantial evidence. Reasonable hypothesis.</p> <p>A conclusion of guilt should not be drawn from- circumstantial evidence if any other reasonable hypothesis ■ may be drawn therefrom, and where there is evidenc to support such hypothesis it is error to refuse defendant an instruction to that effect.</p> <p>3. Same. Evidence of feelings toward deceased. Reconciliation.</p> <p>Where defendant was on trial for killing his wife, the state having shown that there had been trouble between them, and that he had threatened to kill her unless she returned to him, it was error to deny defendant the right to prove that they had1 after-wards become friendly, and that she had agreed to return to him.</p>