Finklea v. State
Mississippi Supreme Court
From the circuit court of Noxubee county. Hon. Robert F. Cochran, Judge. Finklea, appellant, was indicted, tried for and convicted of burglary and appealed to the supreme court. On the trial in the court below the prosecuting lawyer called the wife of defendant to the stand as a witness for the state and, in the presence of the jury, caused defendant to object to her as being incompetent to testify. The wife was not permitted to testify.
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From the circuit court of Noxubee county. Hon. Robert F. Cochran, Judge. Finklea, appellant, was indicted, tried for and convicted of burglary and appealed to the supreme court. On the trial in the court below the prosecuting lawyer called the wife of defendant to the stand as a witness for the state and, in the presence of the jury, caused defendant to object to her as being incompetent to testify. The wife was not permitted to testify. One Sennett, a witness for the state, was permitted to testify, over defendant’s objection, that before defendant’s arrest witness informed the accused that…
1Opinion of the CourtWhitpield, C. J.
The testimony of the witness, Sennett, as to the conversation between him and the defendant about the defendant’s wife was ■clearly incompetent in any view. The only effect it could have was to have inflamed the jury against the defendant. We think, ■also, that it was very improper to have introduced the wife of the defendant as a witness against him. She was, of course, manifestly incompetent, and her introduction, under the circumstances of the case, may have had a damaging effect on the jury.
We, however, do not reverse the case for this; but the first error is fatal, and for that reason…
2Cases cited2 opinions
- Raines v. StateMississippi Supreme Court · 1902
- Thompson v. StateMississippi Supreme Court · 1904
3Cited by10 opinions
- Brown v. StateMississippi Supreme Court · 1946
- Ford v. StateMississippi Supreme Court · 1969
- Outlaw v. StateMississippi Supreme Court · 1949
- Carter v. StateMississippi Supreme Court · 1911
- Brewer v. StateMississippi Supreme Court · 1970
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