Smith v. State

Citations

• 107 Miss. 574
• 65 So. 498

Syllabus

<p>1. Criminal Law. Instructions. Form of verdict. Trial. Construing-instructions together. Verdict. Form and requisites. Sur-plusage.</p> <p>An instruction for the state in a murder ease, that the jury may “if warranted toy the evidence” find defendant not guilty, is not misleading, Where numerous other instructions for the defendant, informed the jury that it. was their duty to acquit the defendant,, if they had any reasonable doubt of his guilt arising out of the evidence or the want of evidence in the case.</p> <p>2. Same.</p> <p>In order to. arrive at the proper meaning of an instruction, all the instructions tooth those given for the state and those given for the defendant must toe considered together.</p> <p>i. Verdict. Form and requisites. Surplusage.</p> <p>Where in a prosecution for murder, the jury were plainly instructed as to the form and effect of their verdict and returned the following verdict, “We, the jury, find the defendant ■ guilty a? charged, but disagree as to the punishment and ask the mercies of the court” and when the verdict was returned the jury were polled and answered that this was their verdict, and there was no request made to the court for inquiry as to what was meant, toy the verdict, the court was correct in treating that part of' the verdict “and ask the mercies of the court,” as • surplusage.</p>