Thompson v. State

Citations

• 83 Miss. 287

Syllabus

<p>1. Ceiminal Law. Presumption of innocence. Hypotheses.</p> <p>Where two reasonable hypotheses arise from and are supported by the evidence in a criminal case, one consistent and the other inconsistent with defendant’s innocence, it is the duty of the jury to adopt the one consistent with innocence, although the other be the more probable.</p> <p>2. Same.</p> <p>If it can be done reasonably a jury in a criminal case should reconcile proven facts and circumstances with the theory of defendant’s innocence.</p> <p>3. Same. Instructions.</p> <p>It will be error in a criminal case to deny defendant instructions, the same being applicable under the evidence, to the effect:</p> <p>(а) That the jury should adopt a reasonable hypothesis of innocence arising from and supported by the evidence, though one of guilt be the more probable;</p> <p>(б) That the jury should reconcile proven facts and circumstances with the theory of defendant’s innocence, if it can reasonably be done;</p> <p>(c) That the law permits no presumptions of guilt; and</p> <p>(<?) That a reasonable doubt of guilt can arise from a want of evidence as well as from th'e evidence.</p>