Topic: only where the evidence could only justify a conviction of … · Go Syfert
← All topics

Topic #11552

6 canonical passages across 6 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Mease v. State.

#Case FlagCanonical passage Citers
1 Mease v. State Anchor
miss · 1989
green “only where the evidence could only justify a conviction of the principal charge should a lesser offense instruction be refused.” 8
2 Austin v. State
miss · 2001
green “jury instructions are to be read together and taken as a whole with no one instruction taken out of context.” 8
3 Howell v. State
miss · 2003
green “a defendant is entitled to have jury instructions given which present his theory of the case, however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundat…” 6
4 Boyd v. State
miss · 1989
green “a lesser included offense instruction must be granted where a reasonable juror could not on the evidence exclude the lesser-included offense beyond a reasonable doubt.” 4
5 Ormond v. State
miss · 1992
green “takes the evidence in the light most favorable to the accused and considers all reasonable favorable inferences which may be drawn in favor of the accused from the evidence.” 4
6 Adkins v. Sanders
miss · 2004
green “we will not find reversible error where the instructions actually given, when read together as a whole, fairly announce the law of the case and create no injustice.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check