Owens v. State
Mississippi Supreme Court
From tbe circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. The appellant, Owens, was indicted by the grand jury of Lafayette county, for the murder of one John A. Montgomery, was tried and convicted and sentenced to death. He appealed therefrom to the supreme court and the conviction was reversed. See Owens v. State, 80 Miss-., 499. The former report of the case gives a statement of the facts.
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From tbe circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. The appellant, Owens, was indicted by the grand jury of Lafayette county, for the murder of one John A. Montgomery, was tried and convicted and sentenced to death. He appealed therefrom to the supreme court and the conviction was reversed. See Owens v. State, 80 Miss-., 499. The former report of the case gives a statement of the facts. The reader, however, is referred as well to the case of Matthis v. State, 80 Miss.,-491, and to the footnote on page 493 of said volume. After the remand of the case, a change of venue was…
1Opinion of the Court
Wiiiteield, O. I.,
delivered the opinion of the court.
It was error to permit the district attorney to testify that no inducement had been offered Matthis to testify against Owens. Matthis had expressly stated, himself, when asked, that no inducement had been held out. The only possible effect of this testimony was to permit the state to bolster the testimony of its witness, Matthis, in this unwarranted way. This has been expressly condemned twice by this court. Madden v. State, 65 Miss., 176; 3 South., 328, where the court said: “On the trial, one Morris, indicted for the same offense, was…
2Cases cited5 opinions
- Penn v. StateMississippi Supreme Court · 1884
- Smith v. StateMississippi Supreme Court · 1897
- Williams v. StateMississippi Supreme Court · 1901
- Funderburk v. StateMississippi Supreme Court · 1897
- Madden v. StateMississippi Supreme Court · 1887
3Cited by12 opinions
- Taylor v. StateMississippi Supreme Court · 1996
- Jordan v. StateMississippi Supreme Court · 2001
- Anderson v. StateMississippi Supreme Court · 1934
- State v. SearlesSupreme Court of Connecticut · 1931
- Ellis v. StateMississippi Supreme Court · 1971
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