100 Miss. 208
Decided October 15, 1911
Mississippi Supreme Court · decided 1911-10-15
Hon. Gr. A. McLean, Judge. Victor Irving was convicted of burglary and appeals. The evidence upon which the conviction rests is circumstantial; the state relying principally upon tracks, alleged to be those of the defendant, leading from the house of the prosecuting witness, in order to connect the defendant with the crime.
Relies on Williams v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1911-10-15
Cited by 3 later decisions — most recently December 1965
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court.
¶2The first instruction granted by the court below at the request of the state is erroneous, for the reason that it *211omits the necessary qualification that circumstantial evidence, in order to prove guilt beyond a reasonable doubt, must exclude every other reasonable hypothesis than that of guilt. Williams v. State, 95 Miss. 671, 49 South. 513; Permenter v. State, 54 South. 949.
¶3Reversed and remanded.