Smith v. State
Mississippi Supreme Court
From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Smith, the appellant, was indicted for murder, tried and convicted of manslaughter, sentenced to the penitentiary for a term and appealed — his first appeal — to the supreme court. The judgment of conviction was reversed and the case remanded for a new trial. The first supreme court decision in the case is reported.
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From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Smith, the appellant, was indicted for murder, tried and convicted of manslaughter, sentenced to the penitentiary for a term and appealed — his first appeal — to the supreme court. The judgment of conviction was reversed and the case remanded for a new trial. The first supreme court decision in the case is reported. Smith v. State, 87 Miss., 627, s.c., 40 South., 229. After the remand of the case the defendant was tried a second time; of course his second trial'was for manslaughter. He was again…
1Opinion of the CourtCali-ioon, J.
On the application for continuance the state agreed that the defense might read what the affidavit for it set forth would be sworn to by the absent witness, to have the same effect as if he had been present and had -so testified. Notwithstanding this, the state was permitted in rebuttal, in a very close case as this is, to show by the stenographer that on the previous trial that witness had not been introduced by the defense. We think this error. It could have'had no sort of bearing on the credibility of the absent witness, but was a direct assault on defendant’s affidavit for the…
2Cases cited3 opinions
- Reddick v. StateMississippi Supreme Court · 1895
- Sanders v. StateMississippi Supreme Court · 1895
- Scott v. StateMississippi Supreme Court · 1902
3Cited by12 opinions
- Raffel v. United StatesSupreme Court of the United States · 1926
- Hall v. StateMississippi Supreme Court · 1964
- Vails v. StateMississippi Supreme Court · 1908
- State v. KingSupreme Court of Louisiana · 1914
- Chatman v. StateMississippi Supreme Court · 1912
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