BURGESS v. STATE

No. 42237.

245 Miss. 1 (1962)

145 So.2d 160

BURGESS v. STATE.

Supreme Court of Mississippi.

October 8, 1962.


Attorney(s) appearing for the Case

Clay B. Tucker, Woodville, for appellant.

G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.


JONES, J.

The Circuit Court of Wilkinson County sentenced appellant to serve three years in the State penitentiary for the theft of a heifer calf of the value of $65.00. On appeal appellant insists that (a) he was entitled to a peremptory instruction, and (b) that the State erred in not including in its instruction the statement that the jury must believe him guilty to the exclusion of every other reasonable hypothesis.

On the morning of August 15, 1961, on...

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