Runnels v. State

Citations

• 96 Miss. 92
• 50 So. 499

Syllabus

<p>1. Ceiminal Law and Procedure. Robbery. Reasonable doubt of guilt. Two theories of ease. Instructions.</p> <p>A requested instruction in a criminal case so drawn as to tie, if literally acted upon by tbe jury, equivalent to a peremptory instruction for tbe defense, should be refused where defendant is not entitled to an instruction peremptorily directing an acquittal.</p> <p>2. Same. Same.</p> <p>The court having correctly and fully instructed the jury to acquit the defendant unless his guilt had been proved beyond every reasonable doubt arising from the evidence or the want of it, reversible error will not be committed by refusing an instruction to the effect, that, if there arise from the evidence two reasonable theories, one favorable to the state and the other to the defendant, it is the duty of the jury to acquit, although the theory favorable to the state is the more reasonable and better supported by evidence.</p>