Dobson v. State

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the circuit court of Harrison county. Hon. S. H. Terral, Judge. Appellant was indicted for knowingly altering the mark of a sheep, the property of one Davis. The only evidence adduced on the trial was that of Davis and two other witnesses, who testified that they found a lamb running in the open woods, between the home of Davis and that of the accused, and that the mark of the lamb had been altered from that of Davis, its owner, to that of the appellant.

Cited by 1 later decisions — most recently January 1885

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The verdict should have been promptly set aside; indeed the jury might properly have been directed by the court to give a verdict of not guilty. There is no evidence tending to show the guilt of the defendant, and no such a verdict should be allowed to stand. An important factor, influential in determining this court not to disturb verdicts, where there is evidence to sustain them is, that the circuit judge sanctions the verdict by refusing to set it aside, and the presiding judge, while using due caution not to set his opinion against that of the twelve men in the jury-box, in case of disputed facts and discordant witnesses, should not hesitate to set aside any verdict which is not supported by evidence.

¶3Reversed and remanded.