Allen v. State
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. W. M. Rogers, Judge. The opinion recites the facts. The first instruction having reference to previous threats was plainly erroneous and misleading, and must have been very prejudicial to defendant. There was no proof of any threats by the accused. The only mention of threats in the case was in the testimony of Brown, who was allowed to tell what the witness Sadler had told him.
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From the circuit court of Lafayette county. Hon. W. M. Rogers, Judge. The opinion recites the facts. The first instruction having reference to previous threats was plainly erroneous and misleading, and must have been very prejudicial to defendant. There was no proof of any threats by the accused. The only mention of threats in the case was in the testimony of Brown, who was allowed to tell what the witness Sadler had told him. But this was merely for the purpose of impeaching the witness. It could not be used for any other purpose. Yet the court granted an instruction based upon it as being…
1Opinion of the CourtCooper, J.
For the purpose of considering the principal error assigned, viz.: the perversion by the district attorney of certain testimony, ad*387mitted to impeach the credibility of a witness for the defendant, to establish a relevant and highly injurious fact against the accused, it is only necessary to bring into juxtaposition certain portions of the record.
The deceased was a “ section boss ” on the Illinois Central Railroad, and the accused was one of the hands working under him. On the morning of the killing the deceased had a difficulty with accused and cursed him and exhibited a pistol. The accused…
2Cited by8 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- Brewer v. StateSupreme Court of Alabama · 1909
- Parker v. StateMississippi Supreme Court · 1981
- Coleman v. StateMississippi Supreme Court · 1937
- Hill v. StateMississippi Supreme Court · 1918
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