Welch v. State

Citations

• 110 Miss. 147
• 69 So. 770

Syllabus

<p>1. Criminal Law. Trial. Instructions.</p> <p>In a trial for assault with intent to commit rape an instruction that the strongest proof of the good reputation of the prosecutrix for virtue and chastity is the proof that no one had heard her reputation in this particular discussed before the alleged assault, was erroneous, because, besides being an instruction upon the weight of the evidence, the court treated the state’s evidence as proof.</p> <p>2. Same.</p> <p>Such, an instruction was further erroneous in assuming that no one had heard the reputation of the prosecutrix discussed in this particular, especially when a number of defendant’s witnesses testified to the contrary.</p>