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OVERSTREET v. STATE

No. 41771.

240 Miss. 861 (1961)

128 So.2d 115

OVERSTREET v. STATE.

Supreme Court of Mississippi.

March 13, 1961.

Attorney(s) appearing for the Case

Wm. V. Murry, Hattiesburg, for appellant.

J.R. Griffin, G. Garland Lyell, Jr., Assts. Atty. Gen., Jackson, for appellee.

ARRINGTON, J.

The appellant was convicted of the crime of burglary. The evidence was wholly circumstantial. The appellant had no counsel.

(Hn 1) The State was granted two instructions on the merits, which instructions required belief from the evidence of appellant's guilt beyond a reasonable doubt, but neither required that "the evidence must exclude every other reasonable hypothesis consistent with his innocence." Warren v. State, 166 Miss. 284...

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