Davis v. State
Mississippi Supreme Court
From; the circuit court of Lafayette county. Hon. James B. Booti-ie, Judge. Davis, the appellant, was indicted for perjury, -tried and convicted and sentenced to the penitentiary for three years, and appealed to the supreme court. The charge against appellant was predicated of his testimony in a criminal case befoi’e a justice of the peace.
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From; the circuit court of Lafayette county. Hon. James B. Booti-ie, Judge. Davis, the appellant, was indicted for perjury, -tried and convicted and sentenced to the penitentiary for three years, and appealed to the supreme court. The charge against appellant was predicated of his testimony in a criminal case befoi’e a justice of the peace. On the trial in the circuit court of appellant for the alleged perjury the justice of the peace, Tatum, before whom appellant had given testimony, was called, as a witness for the state, and permitted, over the objection of appellant, to testify, touching…
1Opinion of the CourtCalhoon, J.
This was a conviction of perjury, based on testimony of appellant on the trial of one Simpson Barry before a justice of the peace. On the trial of appellant for the alleged perjury in the circuit court, the justice of the peace, as a witness for the state, was permitted, over objection and exception, to testify what the charge was for which Barry was on trial before *58him. It was fatal error to admit oral testimony of this. The record itself was the only proper evidence. Whittle v. State, 79 Miss., 327; 30 South., 722; State v. Ireland (Miss.), 42 South., 797.
We decide nothing else in this case…
2Cases cited2 opinions
- Whittle v. StateMississippi Supreme Court · 1901
- State v. IrelandMississippi Supreme Court · 1906