Bunckley v. State
Mississippi Supreme Court
NroM tbe circuit court of Franklin county. HoN. JbfpersoN Truly, Judge. Bunckley, appellant, was .indicted for and convicted of larceny, and appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court. Tbe judgment must be reversed because tbe trial court, over the objection of appellant, allowed tbe witnesses for tbe state to testify as. to tbe failure of tbe accused to become a witness on tbe preliminary hearing.
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NroM tbe circuit court of Franklin county. HoN. JbfpersoN Truly, Judge. Bunckley, appellant, was .indicted for and convicted of larceny, and appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court. Tbe judgment must be reversed because tbe trial court, over the objection of appellant, allowed tbe witnesses for tbe state to testify as. to tbe failure of tbe accused to become a witness on tbe preliminary hearing. This was violative of § U41, code 1892. Tbe charge against tbe appellant is larceny and tbe state relied solely on proof tending to show that tbe stolen…
1Opinion of the CourtTereae, J.
Bunckley was indicted and convicted of the larceny of six hogs of the value of thirty dollars, and sentenced to the penitentiary. The evidence offered to convict the defendant consisted of proof that the hogs of Pool recently lost by him were found in the pen of Bunckley, with other criminating circumstances.
Upon the trial of the ease in the circuit court the prosecuting witness, Pool, in answer to a direct inquiry of the district attorney calling for such answer, stated that there was a preliminary trial of the case and that Bunckley did not there, or at any time, make an explanation of his…
2Cited by6 opinions
- Raffel v. United StatesSupreme Court of the United States · 1926
- State v. ConwaySupreme Court of Missouri · 1941
- Smithson v. StateTennessee Supreme Court · 1912
- Boyd v. StateMississippi Supreme Court · 1904
- Wells v. StateMississippi Supreme Court · 1910
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