Brandon v. State
Mississippi Supreme Court
Beom the circuit court of Monroe county. Hon. E. O. Sykes, Judge.' John Brandon was indicted for the murder of his son, George Brandon. On the trial of the case, the court below, acting under code 1892, § 1384, caused the arrest, in the presence of the jury, of Lucy Brandon, a witness for the state, for palpable perjury, committed on the hearing.
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Beom the circuit court of Monroe county. Hon. E. O. Sykes, Judge.' John Brandon was indicted for the murder of his son, George Brandon. On the trial of the case, the court below, acting under code 1892, § 1384, caused the arrest, in the presence of the jury, of Lucy Brandon, a witness for the state, for palpable perjury, committed on the hearing. The section of the code providing for the arrest of palpable perjurers is copied in the report of the case of Golden v. State, ante, 130. The tenth instruction for the state, referred to in the opinion, was in these words: “10. If the jury believe…
1Opinion of the CourtWhitfield, J.
Lucy Brandon was plainly committed to jail, under § 1384 of the code of 1892, in the course of the trial, in the presence and hearing of the jury. In the very doubtfully balanced state of the testimony this is fatal error. Golden v. State, ante, p. 130. The tenth instruction for the state is misleading and erroneous. An unnecessary killing could not be predicated of appellant’s killing deceased, if at the time deceased had his pistol drawn and was killed by defendant to save his own life. *907The only felony deceased could have been attempting, on the testimony, was the killing of his father, and…
2Cited by12 opinions
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