Shaw v. State
Mississippi Supreme Court
From the circuit court of Oktibbeha county. HoN. Eugene O. Sykes, Judge. Shaw, the appellant, was indicted, tried and convicted of a homicide, and appealed to the supreme court. The opinion states the case.
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From the circuit court of Oktibbeha county. HoN. Eugene O. Sykes, Judge. Shaw, the appellant, was indicted, tried and convicted of a homicide, and appealed to the supreme court. The opinion states the case. What does the constitution mean when it says that the accused shall be heard by himself or counsel, or both? Const. 1890, § 26. Manifestly these serious words, crystallized by long use into their present large significance, are not mere “ sounding brass and a-tinkling cymbal,” but mean that the accused, both in person and by counsel, shall have a right to do all things necessary and…
1Opinion of the CourtCalhook, J.
It was fatal error to refuse the defendant the privilege of conferring with his own witnesses, whether they were under the *25rule or not. This has been so held where his counsel were refused this right. White v. State, 52 Miss., 216; Allen v. State, 61 Miss., 627. And very much more is this so in reference to the defendant himself. The denial was an invasion of his constitutional right. It is often of vital importance that both defendant and his counsel should, together, confer with his witnesses in the progress of a trial. The right cannot be restricted except that the trial court may impose…
2Cases cited2 opinions
- White v. StateMississippi Supreme Court · 1876
- Allen v. StateMississippi Supreme Court · 1884
3Cited by9 opinions
- State v. BurriWashington Supreme Court · 1976
- Leahy v. StateCourt of Criminal Appeals of Texas · 1928
- Scott v. StateMississippi Supreme Court · 1978
- State v. StorrsWashington Supreme Court · 1920
- Myers v. StateMississippi Supreme Court · 1933
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