Watkins v. State

Citations

• 60 Miss. 323

Syllabus

<p>1. Instructions. Judicial 'power. Evasion of restriction.</p> <p>Under Code 1880, sect. 1740, a circuit judge is denied the power of originating independent instructions not called for, or rendered necessary by those requested by counsel, and he cannot evade this in a criminal case by handing the charge to the district attorney, who returns it requesting that it be given which the judge does.</p> <p>■2. Larceny. Breach of trust. Inapplicable charge.</p> <p>Selling property which the seller knows does not belong to him, and appropriating the proceeds to his own use is not necessarily larceny, to constitute which a felonious taking is essential; and it is erroneous to give such a charge if the accused claims that he sold all the property, believing it was not his but that of his wife.</p>