Reddick v. State
Mississippi Supreme Court
FjROM the circuit court of Yazoo county. HoN. J. B. Chbisman, Judge. Appellant was indicted for murder and convicted of manslaughter. The opinion of the court sets out the language used by the district attorney pro tern, in addressing the jury.
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FjROM the circuit court of Yazoo county. HoN. J. B. Chbisman, Judge. Appellant was indicted for murder and convicted of manslaughter. The opinion of the court sets out the language used by the district attorney pro tern, in addressing the jury. On the motion for a new trial, as the record shows, the prosecuting attorney testified as follows: “Referring to the alleged admission to D. A. Swayze, I said, ‘He has not denied it;’ never used the word defendant, and, immediately upon suggestion of counsel, corrected myself, and said, ‘ It has not been denied. ’ It was not my intention to refer to…
1Opinion of the CourtWoods, J.
The remark of counsel for the state, in his opening argument, addressed to the jury, was regarded by the intelligent and able *1011counsel for the accused, and by the learned judge who presided on the trial, as a comment upon the failure of the prisoner to testify. The counsel for the state himself admits that, referring to the alleged admission made by the prisoner to the state’s witness,-Swaysse, he used this language, viz.: “And he has not denied it. ’ ’ He further admits that, when the prisoner’s counsel interrupted him, suggesting the impropriety of this comment, he corrected himself, and…
2Cases cited1 opinion
- Yarbrough v. StateMississippi Supreme Court · 1893
3Cited by24 opinions
- Livingston v. StateMississippi Supreme Court · 1988
- Shook v. StateMississippi Supreme Court · 1989
- Monroe v. StateMississippi Supreme Court · 1987
- Bridgeforth v. StateMississippi Supreme Court · 1986
- Davis v. StateMississippi Supreme Court · 1981
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