Lee v. State
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. HoN. T. B. WatkiNS, Judge. Rosa Lee was convicted of perjury and appeals. The facts are fully stated in the opinion of the court. One instruction was asked and given for the state, and it is respectfully submitted that this instruction was erroneous.
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Appeal from the circuit court of Quitman county. HoN. T. B. WatkiNS, Judge. Rosa Lee was convicted of perjury and appeals. The facts are fully stated in the opinion of the court. One instruction was asked and given for the state, and it is respectfully submitted that this instruction was erroneous. This instruction tells the jury that if they believe beyond a reasonable doubt that Rosa Lee swore that she saw Henry Stewart at her mother’s house two or three days after the killing, and Henry Stewart brought the pistol and said he got it off of Wade Robinson the night of the killing; and that if…
1Opinion of the CourtCook, J.
From a conviction for the crime of perjury this apr peal is prosecuted. A careful search of the record fails-to discover any evidence tending to corroborate the evidence of the one witness testifying against appellant. It is true that much evidence was given to show that *543the statement of the state’s witness, if made, was false in fact. The state thus succeeded in proving that its witness had lied to appellant, if he told her what she swore he did tell her; but none of this evidence proved, or tended to prove, the falsity of appellant’s testimony at the former trial.
The issue was: Did the…
2Cited by4 opinions
- Hogan v. StateMississippi Supreme Court · 1987
- Clanton v. StateMississippi Supreme Court · 1951
- Nash v. StateMississippi Supreme Court · 1962
- Johnson v. StateMississippi Supreme Court · 1920