CHAPMAN v. STATE

No. 45566.

227 So.2d 476 (1969)

Ralph CHAPMAN v. STATE of Mississippi.

Supreme Court of Mississippi.

October 27, 1969.


Attorney(s) appearing for the Case

Robert J. Kelly, Batesville, Jon P. Thames, Meridian, for appellant.

A.F. Summer, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.


GILLESPIE, Presiding Justice:

We reverse the conviction of appellant on a charge of driving while under the influence of intoxicating liquors for the single reason that the state's instruction did not require the jury to believe that the defendant was guilty beyond a reasonable doubt "from the evidence." The instructions in a criminal case must require the jury to believe the defendant guilty beyond a reasonable doubt "from the evidence," and the omission of the words...

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