Simmons v. State

Citations

• 106 Miss. 732
• 64 So. 721

Syllabus

<p>1. Ceiminal Law. Circumstantial evidence. Instructions.</p> <p>While a conviction may be had on circumstantial evidence alone, when by it guilt is proven beyond a reasonable doubt, yet before such evidence can be said to prove guilt beyond every reasonable doubt, it must exclude every other reasonable hypothesis than that of guilt.</p> <p>2. Same.</p> <p>When an instruction is granted advising the jury that circumstantial evidence may be sufficient to support a conviction they must always be advised that before it can be said to be sufficient so to do, it must exclude every other reasonable hypothesis ■ than that of guilt, “For it is the exclusion of every other reasonable hypothesis than that of the guilt of the accused that invest mere circumstances with the force of proof.”</p>