Golden v. State
Mississippi Supreme Court
From the circuit court of Tippah county. HON. Z. M. STEPHENS, Judge. The appellant was indicted and tried for rape. During the trial, and after the state had closed its evidence without introducing her, Addie Nelson, the injured party was placed on the stand as a witness for the defense, and was, in the opinion of the judge, palpably guilty of perjury.
Read the full summary
From the circuit court of Tippah county. HON. Z. M. STEPHENS, Judge. The appellant was indicted and tried for rape. During the trial, and after the state had closed its evidence without introducing her, Addie Nelson, the injured party was placed on the stand as a witness for the defense, and was, in the opinion of the judge, palpably guilty of perjury. Thereupon the court exercised the power conferred by statute, and caused the woman to be taken into custody; and this was done in the presence and hearing of the jury. The statute, from code 1892, is as follows: “ 1384. Whenever it shall appear…
1Opinion of the CourtWhitfield, J.
The action of the circuit judge in ordering Addie Nelson into custody to await the action of the grand jury, as to a bill for *132perjury, was eminently propeppbut that order should have been executed in such wise as not to apprise the jury of the fact. Section 1384, code of 1892, is a most wholesome statute, intended to put a stop to the flagrant commission of perjury — a damning blot in the course of numerous trials — but not to prejudice the defendant on trial by having the suspected perjurer ordered into custody in the presence and hearing of the jury. It is very easy to order such witness…
2Cited by7 opinions
- State v. . SwinkSupreme Court of North Carolina · 1909
- State v. ClarkIdaho Supreme Court · 1915
- Crosby v. StateSupreme Court of Arkansas · 1922
- McDonough v. BlossomSupreme Judicial Court of Maine · 1912
- Martin v. StateSupreme Court of Arkansas · 1917
2 more not listed; retrieve them via the Exa API.