Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 8 opinions

FeoM the circuit court of Panola county, second district. HoN. Eugene Johnson, Judge. Appeal from a-conviction on a charge of unlawfully retailing-intoxicating liquors. The opinion contains a sufficient statement of the case to indicate the questions decided. 1. The testimony of the witness, Sledge, was- incompetent, and should have been excluded. It has been repeatedly held that testimony of another sale than that for which defendant is on trial is inadmissible.

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FeoM the circuit court of Panola county, second district. HoN. Eugene Johnson, Judge. Appeal from a-conviction on a charge of unlawfully retailing-intoxicating liquors. The opinion contains a sufficient statement of the case to indicate the questions decided. 1. The testimony of the witness, Sledge, was- incompetent, and should have been excluded. It has been repeatedly held that testimony of another sale than that for which defendant is on trial is inadmissible. ILing v. State, 66 Miss., 502; Bailey v. State, 67 lb., 333; JLmol v. Me Comb City, 70 lb., 699. The testimony that defendant had…

1Opinion of the CourtWoods, J.

We can discover no error of the court in admitting the testimony of the state’s witness, Sledge, except in that particular where the defendant was said to have offered to sell whisky to the witness. This was incompetent as corroborating evidence of a sale alleged to have been made to a third party, and would doubtless have been excluded if objection had been made to it when offered. But this was not done. After the witness had finished all his evidence, the record shows to its admission the defendant excepted. If this is held to mean (which is the interpretation most favorable to the…

2Cases cited1 opinion

  1. Rocco v. StateMississippi Supreme Court · 1872

3Cited by8 opinions

  1. Lipscomb v. StateMississippi Supreme Court · 1897
  2. Powers v. StateMississippi Supreme Court · 1897
  3. Smith v. StateMississippi Supreme Court · 1912
  4. Webb v. StateMississippi Supreme Court · 1895
  5. Price v. StateMississippi Supreme Court · 1913

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