Spell v. State

Citations

• 89 Miss. 663
• 42 So. 238

Syllabus

<p>Criminal Law. Identity of person. Instruction.</p> <p>A defendant, whose identity with the actor in the crime charged against him, is in dispute, is entitled to an instruction announcing that there is no presumption that he made certain tracks, traced from the place of the crime in the direction of defendant’s home, or wore the shoes making them, and that it must be shown he made the tracks or wore the shoes that made them before they can be weighed as evidence against him; and it is error to weaken the instruction by adding matters in respect to which the court had already fully instructed the jury.</p>