Roux v. City of Gulfport

Citations

• 97 Miss. 559
• 52 So. 485

Syllabus

<p>■Criminal Law and Procedure. Assault and battery. Instruction. Reasonable doubt. Two tlieories.</p> <p>In a prosecution for assault and battery, it is not error to refuse an instruction to the effect that the burden is on the prosecution to prove defendant guilty beyond every reasonable doubt, and if from the consideration of all the evidence there arise two reasonable theories, one that the defendant is guilty as charged, and _ one that the defendant is innocent, then it is the duty of the jury to acquit, even though the theory that he is guilty is supported by more probable evidence.</p>