Turner v. State
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. Sydney Smtth, Judge. Turner, appellant, was indicted and tried for unlawfully selling intoxicating liquors, was convicted and sentenced to a fine and imprisonment in the county jail, and appealed to the supreme court.
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From the circuit court of Holmes county. Hon. Sydney Smtth, Judge. Turner, appellant, was indicted and tried for unlawfully selling intoxicating liquors, was convicted and sentenced to a fine and imprisonment in the county jail, and appealed to the supreme court. The only witnesses for the state were two detectives employed by the executive department of the state at a fixed compensation to ascertain where and by whom such liquors were illegally sold; and to testify as witnesses in prosecutions against parties who might be prosecuted for such sales. It was not shown in evidence that the…
1Dissent
Smith, J.,
delivered the following dissenting opinion.
I am unable to concur with my Brethren in the reversal of this cause. This instruction seeks to invoke what this court in Bell v. State, 90 Miss. 104., 43 South. 84, styled the “dangerous,” and in McDonald v. State, 28 South. 750, the “exploded,” doctrine of “Falsus in uno, falsus in omnibus,” and omits the element of the witness’ knowledge of the falsity of the testimony given by him. In Railroad Company v. McCoy, 85 Miss. 391, 37 South. 706, this court said: “We again announce that, where *883jurors are instructed as to their right to reject…
2Cases cited7 opinions
- State v. MusgraveWest Virginia Supreme Court · 1897
- Commonwealth v. CluneMassachusetts Supreme Judicial Court · 1894
- State v. HickamSupreme Court of Missouri · 1888
- Bell v. StateMississippi Supreme Court · 1907
- Sardis & Delta Railroad v. McCoyMississippi Supreme Court · 1904
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