abstract instruction in Mississippi

35 Mississippi opinions name it 2 courts 1957–2024 3 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

Case	Followed	Cited
Freeze v. Taylorgreen miss · 1972 · cited in 10 Mississippi opinions naming this issue, 1978–2024 2 sentences 2024“If an instruction merely relates a principle of law without relating it to an issue in the case, it is an abstract instruction and should not be given by the Court.” Freeze v. Taylor, 257 So. 2d 509, 511 (Miss. 1972) (citing New Orleans, Jackson, & Gr. 2023Additionally, Instruction S-8 is abstract. “[T]he use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error.” McCarty v. Kellum, 667 So. 2d 1277, 1288 (Miss. 1995) (citing Harkins v. Paschall, 348 So. 2d 1019, 1023 (Miss. 1977)). “[T]he granting of an abstract jury instruction will be considered reversible error only if the instruction tends to confuse and mislead the jury.” Young v. Guild, 7 So. 3d 251, 260 (Miss. 2009) (citing Freeze v. Taylor, 257 So. 2d 509, 511 (Miss. 1972)).	6	10
Fred's Stores of Miss. v. M & H DRUGSgreen miss · 1998 · cited in 6 Mississippi opinions naming this issue, 2000–2023 2 sentences 2023If an instruction merely relates a principle of law without relating it to an issue in the case, it is an abstract instruction and should not be given by the Court.” Id. (quoting Fred’s Stores, Inc. v. M & H Drugs, Inc., 725 So. 2d 902, 918 (Miss. 1998)). 2009If an instruction merely relates a principle of law without relating it to an issue in the case, it is an abstract instruction and should not be given by the Court.” Fred’s Stores, Inc. v. M & H Drugs, Inc., 725 So.2d 902, 918 (Miss.1998).	4	6
Pickett v. Stategreen miss · 1983 · cited in 4 Mississippi opinions naming this issue, 1989–2002 2 sentences 2002See also Whittington v. State, 523 So.2d 966, 978 (Miss.1988); Ruffin v. State, 447 So.2d 113 , 119 (Miss.1984); Pickett v. State, 443 So.2d 796, 800 (Miss.1983). 2000Hooker v. State, 716 So.2d at 1110 (citing Pickett v. State, 443 So.2d 796, 800 (Miss.1983)).	4	4
Harkins v. Paschallgreen miss · 1977 · cited in 7 Mississippi opinions naming this issue, 1984–2023 2 sentences 2023Additionally, Instruction S-8 is abstract. “[T]he use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error.” McCarty v. Kellum, 667 So. 2d 1277, 1288 (Miss. 1995) (citing Harkins v. Paschall, 348 So. 2d 1019, 1023 (Miss. 1977)). “[T]he granting of an abstract jury instruction will be considered reversible error only if the instruction tends to confuse and mislead the jury.” Young v. Guild, 7 So. 3d 251, 260 (Miss. 2009) (citing Freeze v. Taylor, 257 So. 2d 509, 511 (Miss. 1972)). 2007The court stated that "the use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error." Id. (citing Harkins v. Paschall, 348 So.2d 1019, 1023 (Miss.1977)).	3	7
Kitchens v. Stategreen miss · 1974 · cited in 4 Mississippi opinions naming this issue, 1980–2008 2 sentences 2002The Supreme Court has held that giving an abstract instruction is not reversible error unless the jury is misled, Kitchens v. State, 300 So.2d 922, 925 (Miss.1974), and if there is no substantial basis for an inference of prejudice when the instructions are read together as a whole, there is no reversible error, Mosley v. State, 396 So.2d 1015, 1018 (Miss.1981). 1989We have held that giving an abstract instruction is not reversible error unless the jury is misled, Kitchens v. State, 300 So.2d 922, 925 (Miss. 1974), and if there is no substantial basis for an inference of prejudice when the instructions are read together as a whole, there is no reversible error, Mosley v. State, 396 So.2d 1015, 1018 (Miss. 1981).	3	4
McCarty v. Kellumgreen miss · 1995 · cited in 6 Mississippi opinions naming this issue, 2004–2023 2 sentences 2023Additionally, Instruction S-8 is abstract. “[T]he use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error.” McCarty v. Kellum, 667 So. 2d 1277, 1288 (Miss. 1995) (citing Harkins v. Paschall, 348 So. 2d 1019, 1023 (Miss. 1977)). “[T]he granting of an abstract jury instruction will be considered reversible error only if the instruction tends to confuse and mislead the jury.” Young v. Guild, 7 So. 3d 251, 260 (Miss. 2009) (citing Freeze v. Taylor, 257 So. 2d 509, 511 (Miss. 1972)). 2009Kellum, 667 So.2d at 1288 . “[T]he use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error.” Id.	2	6
Mosley v. Stategreen miss · 1981 · cited in 2 Mississippi opinions naming this issue, 1989–2002 2 sentences 2002The Supreme Court has held that giving an abstract instruction is not reversible error unless the jury is misled, Kitchens v. State, 300 So.2d 922, 925 (Miss.1974), and if there is no substantial basis for an inference of prejudice when the instructions are read together as a whole, there is no reversible error, Mosley v. State, 396 So.2d 1015, 1018 (Miss.1981). 1989We have held that giving an abstract instruction is not reversible error unless the jury is misled, Kitchens v. State, 300 So.2d 922, 925 (Miss. 1974), and if there is no substantial basis for an inference of prejudice when the instructions are read together as a whole, there is no reversible error, Mosley v. State, 396 So.2d 1015, 1018 (Miss. 1981).	2	2
Whittington v. Stategreen miss · 1988 · cited in 2 Mississippi opinions naming this issue, 1989–2002 2 sentences 2002See also Whittington v. State, 523 So.2d 966, 978 (Miss.1988); Ruffin v. State, 447 So.2d 113 , 119 (Miss.1984); Pickett v. State, 443 So.2d 796, 800 (Miss.1983). 1989See also Whittington v. State, 523 So.2d 966, 978 (Miss. 1988); Ruffin v. State, 447 So.2d 113, 119 (Miss. 1984); Pickett v. State, 443 So.2d 796, 800 (Miss. 1983).	2	2
Ruffin v. Stategreen miss · 1984 · cited in 2 Mississippi opinions naming this issue, 1989–2002 2 sentences 2002See also Whittington v. State, 523 So.2d 966, 978 (Miss.1988); Ruffin v. State, 447 So.2d 113 , 119 (Miss.1984); Pickett v. State, 443 So.2d 796, 800 (Miss.1983). 1989See also Whittington v. State, 523 So.2d 966, 978 (Miss. 1988); Ruffin v. State, 447 So.2d 113, 119 (Miss. 1984); Pickett v. State, 443 So.2d 796, 800 (Miss. 1983).	1	2
Young v. Guildgreen miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2023–2023 1 sentence 2023Additionally, Instruction S-8 is abstract. “[T]he use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error.” McCarty v. Kellum, 667 So. 2d 1277, 1288 (Miss. 1995) (citing Harkins v. Paschall, 348 So. 2d 1019, 1023 (Miss. 1977)). “[T]he granting of an abstract jury instruction will be considered reversible error only if the instruction tends to confuse and mislead the jury.” Young v. Guild, 7 So. 3d 251, 260 (Miss. 2009) (citing Freeze v. Taylor, 257 So. 2d 509, 511 (Miss. 1972)).	1	1
Burton by Bradford v. Barnettgreen miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2004–2004 1 sentence 2004However, even “defects in specific instructions do not require reversal ‘where all instructions taken as a whole fairly – although not perfectly – announce the applicable primary rules of law.’” 6 Wallace v. Thornton, 672 So. 2d 724, 729 (Miss. 1996) (quoting Burton v. Barnett, 615 So. 2d 580, 583 (Miss. 1993)).	1	1
Wallace v. Thorntongreen miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2004–2004 1 sentence 2004However, even “defects in specific instructions do not require reversal ‘where all instructions taken as a whole fairly – although not perfectly – announce the applicable primary rules of law.’” 6 Wallace v. Thornton, 672 So. 2d 724, 729 (Miss. 1996) (quoting Burton v. Barnett, 615 So. 2d 580, 583 (Miss. 1993)).	1	1
Westfall v. Mayor of Vicksburggreen miss · 1970 · cited in 1 Mississippi opinions naming this issue, 1988–1988 1 sentence 1988In McGill v. State, 235 So.2d at 452, this Court strongly urged that the instruction not be given because in a close case, the instruction "might constitute the difference between an affirmance and a reversal." In other words, in a close case, this instruction tells the jurors that if they think the defendant might have committed the crime as charged, it is all right to find him guilty.	1	1
Globe Music Corp. v. JOHNSONgreen miss · 1956 · cited in 1 Mississippi opinions naming this issue, 1979–1979 2 sentences 1979See Globe Music Corp. v. Johnson, 226 Miss. 329 , 84 So.2d 509 (1956). 1979See Globe Music Corp. v. Johnson, 226 Miss. 329 , 84 So.2d 509 (1956).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
TK Stanley, Inc. v. Cason green miss · 1993 2 sentences 2007The court stated that "the use of an abstract instruction without application of the specific facts of the case under consideration invites reversible error." Id. (citing Harkins v. Paschall, 348 So.2d 1019, 1023 (Miss.1977)). 2004If an instruction merely relates a principle of law without relating it to an issue in the case, it is an abstract instruction and should not be given by the Court.” Id. at 1288 (quoting Fred's Stores, Inc. v. M & H Drugs, Inc., 725 So. 2d 902, 918 (Miss. 1998)).	4	2004–2007
Carroll v. State neutral miss · 1968 2 sentences 1988Beginning with Carroll v. State, 215 So.2d at 872 , this Court acknowledged that the instruction contains a "correct statement of an abstract principle of law," but it was better not to give it, impliedly because it did not adequately convey, in an understandable fashion, the "abstract" principle that jurors must believe beyond a reasonable doubt from the evidence that a defendant is guilty of the crime charged. 1970In Carroll v. State, 215 So.2d 871 (Miss.1968), we said of a similar instruction: “While the instruction contains a correct statement of an abstract principle of law, we think that it falls within that class of instructions which would be better not to give but which, in themselves, do not constitute reversible error. * * *” (Id. at 872).	3	1969–1988
Hooker v. State green miss · 1998 2 sentences 2000Hooker v. State, 716 So.2d at 1110 (citing Pickett v. State, 443 So.2d 796, 800 (Miss.1983)). 1998Hooker v. State, 716 So. 2d at 1110 (citing Pickett v. State, 443 So. 2d 796, 800 (Miss. 1983)).	2	1998–2000
New Orleans, Jackson, & Great Northern Railroad v. Statham neutral miss · 1869 1 sentence 2024N. R.R. v. Statham, 42 Miss. 607 (1869).	1	2024–2024
Wall v. State green miss · 1980 1 sentence 2018At the outset, "the above instruction is an abstract instruction on the law and should not be given." Wall v. State , 379 So.2d 529 , 532 (Miss. 1980) (citations omitted) (holding that an instruction which explained to the jury that " 'proof of motive is not essential to a conviction for felonious homicide' " was defective because it "was prejudicial to the appellant and well could have confused the jury into returning a guilty verdict after having been told by the court that motive was not required to be shown"). ¶ 52.	1	2018–2018
Malone v. State green miss · 1986 1 sentence 1991Instruction S-4 was objected to by Beemon as being an abstract instruction without factual basis, not supporting the elements outlined in Model Jury Instruction No. 112.02, and did not meet the requirements of Malone v. State, 486 So.2d 360 (Miss. 1986).	1	1991–1991
McGee v. State green miss · 1978 1 sentence 1986In McGee v. State, 365 So.2d 302 (Miss. 1978), we reversed under Rule 42 because the only instruction given by the state was not supported by the evidence.	1	1986–1986
Bright v. State green miss · 1977 1 sentence 1981It is unnecessary to set forth the instruction here, but, suffice it to say, the instruction was approved by the Court in Bright v. State, 349 So.2d 503 (Miss. 1977).	1	1981–1981
People v. Rivera neutral illappct · 1975 1 sentence 1980Kitchens v. State, 300 So.2d 922 (Miss. 1974): People v. Rivera, 32 Ill.	1	1980–1980
Kidd v. State green miss · 1972 1 sentence 1974In Kidd v. State, 258 So.2d 423 (Miss. 1972), this Court did point out that an abstract instruction granted the state was an error.	1	1974–1974
Smith v. State green miss · 1959 2 sentences 1973Defendant relies upon Newton v. State, 12 So. 560 (Miss. 1893), and Smith v. State, 237 Miss. 498 , 115 So.2d 318 (1959). 1973Defendant relies upon Newton v. State, 12 So. 560 (Miss. 1893), and Smith v. State, 237 Miss. 498 , 115 So.2d 318 (1959).	1	1973–1973
Hydrick v. State green miss · 1963 2 sentences 1973We said in Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963): "[I]nstructions in criminal cases embodying abstract principles of law should not be given to the jury." 246 Miss. at 451 , 150 So.2d at 424 . 1973We said in Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963): "[I]nstructions in criminal cases embodying abstract principles of law should not be given to the jury." 246 Miss. at 451 , 150 So.2d at 424 .	1	1973–1973
Meador v. State green ark · 1941 2 sentences 1957A case involving this same question, of the use of an abstract instruction on the inference of guilt from the possession of recently stolen property, where the possession is disputed, is Meador v. State, 201 Ark. 1083 , 148 S. W. 2d 653 (1941). 1957A case involving this same question, of the use of an abstract instruction on the inference of guilt from the possession of recently stolen property, where the possession is disputed, is Meador v. State, 201 Ark. 1083 , 148 S. W. 2d 653 (1941).	1	1957–1957

Statutes the citing opinions construe

MS § Miss. Code Ann. § 85-5-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 167 (1867–2026) GA 143 (1900–2025) CA 45 (1903–2026) MS 35 (1957–2024) MO 32 (1882–2018) OH 29 (1952–2023) OR 27 (1905–2014) AL 27 (1846–2016) NC 26 (1889–2025) IL 24 (1886–2019) WV 21 (1924–2024) AR 20 (1898–2016) CO 18 (1904–2016) MD 17 (1932–2022) FL 15 (1848–2015) NY 14 (1881–2025) AZ 12 (1922–2020) WA 12 (1904–2026) KS 10 (1909–1993) KY 10 (1922–2013) IA 10 (1941–2021) IN 10 (1886–1984) PA 9 (1917–2025) NJ 8 (1952–2026) CT 7 (1934–2011) MA 7 (1928–2019) MI 6 (1920–2026) NM 5 (2009–2020) OK 5 (1925–1970) DE 5 (1968–2008) VA 5 (1900–2010) MT 4 (1920–1936) TN 4 (1947–2003) RI 3 (1980–2023) MN 3 (1908–2007) DC 3 (2011–2018) UT 3 (1982–2007) NV 3 (2018–2018) WY 3 (1924–2023) LA 3 (1850–2000) SD 2 (1909–2025) ME 2 (1935–1969) NE 2 (1920–1921)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check