Simmons v. State

Citations

• 107 Miss. 463
• 65 So. 511

Syllabus

<p>1. Criminal Law. Instructions. Cure by other instruction. Oral instructions.</p> <p>The giving of an erroneous instruction for the state in a trial for rape “that the crime of rape may be proven by circumstances, and it is not necessary to have eyewitnesses to the deed, if circumstances are sufficient to convince the jury beyond a reasonable doubt, that the accused party is guilty;” is not cured by the giving, at defendant’s request, of an instruction, that to convict, the state must prove to the jury’s satisfaction beyond a reasonable doubt that the defendant had sexual intercourse with prosecutrix, and that the injury was caused in no other way, and that if it failed to do this, the verdict should be not guilty, since-the defendant’s instruction did not in any way mention circumstantial evidence.</p> <p>.2. Criminal Law. Instructions. Oral instructions.</p> <p>It is reversible error for the trial court to orally instruct the jury as to the verdict they were authorized to render.</p>