Scott v. State

Decision Date11 January 1915
Citation66 So. 973,108 Miss. 464
CourtMississippi Supreme Court
PartiesSCOTT v. STATE

October, 1914

APPEAL from the circuit court of Madison county. HON. W. A HENRY, Judge.

York Scott was convicted of burglary and appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed.

A. K. Foot, for appellant.

Geo. H. Ethridge, Assistant Attorney-General for the state.

OPINION

COOK, J.

Appellant was convicted of burglary, and appeals. The only evidence in the record upon which a verdict of conviction could be based is the alleged testimony of bloodhounds. There is nothing to show that the bloodhounds were started on the track of defendant at the scene of the crime. There is nothing in the record to show that defendant was connected with the burglary, except the testimony of the hounds, if what they did can be called evidence. In fact, according to previous decision of this court, the trial court should have directed a verdict of not guilty. Carter v. State, 106 Miss. 507, 64 So. 215, 50 L. R. A. (N. S.) 1112.

Reversed and judgment here.

To continue reading

Request your trial
3 cases
  • Terrell v. State
    • United States
    • Court of Special Appeals of Maryland
    • March 12, 1968
    ...v. State, 92 Miss. 613, 46 So. 166, 16 L.R.A.,N.S., 285 (1908); Carter v. State, 106 Miss. 507, 64 So. 215 (1914); Scott v. State, 108 Miss. 464, 66 So. 973 (1915); Harris v. State, 143 Miss. 102, 108 So. 446 (1926); Boatwright v. State, 143 Miss. 676, 109 So. 710 (1926); Fisher v. State, 1......
  • Fisher v. State
    • United States
    • Mississippi Supreme Court
    • April 23, 1928
    ...the court was in manifest and grievous error in permitting such evidence (if such it could be called) in going to the jury. Scott v. State, 108 Miss. 464, 66 So. 973; Carter v. State, 64 So. 215; Spears State, 92 Miss. 613, 46 So. 166; Harris v. State, 143 Miss. 102, 108 So. 446; 1 Wigmore ......
  • Harris v. State
    • United States
    • Mississippi Supreme Court
    • May 17, 1926
    ... ... prerequisites have been shown, our court has twice held that ... the testimony of the dogs alone is not sufficient to sustain ... a conviction, but that other and human testimony must be ... introduced to corroborate the dogs. Carter v. State, ... 64 So. 215, 106 Miss. 507; Scott v. State, 66 So. 973, 108 ... Miss. 464 ... L. C ... Andrews and Rush H. Knox, Attorney-General, for the state ... The ... appellant asks a reversal of this case because he says that ... the court erred in admitting the evidence as to the acts and ... conduct of the ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT