Jackson v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. The case is stated in the opinion of the court. 1. The court erred in admitting the testimony of the prisoner, given under oath on the trial of his accomplice. 2. The rule that a verdict, light on all the testimony, shall not be disturbed for the admission of incompetent evidence, has no application to this case, (1) because it is a capital case, and (2) because the bill of exceptions does not set out all…
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ERROR to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. The case is stated in the opinion of the court. 1. The court erred in admitting the testimony of the prisoner, given under oath on the trial of his accomplice. 2. The rule that a verdict, light on all the testimony, shall not be disturbed for the admission of incompetent evidence, has no application to this case, (1) because it is a capital case, and (2) because the bill of exceptions does not set out all the evidence. 1. It sufficiently appears that all the testimony is set out in the bill of exceptions ; and it shows that…
1Opinion of the CourtChalmees, J.
The plaintiff in error was convicted of murder, and sentenced to be executed. At a term of the court preceding that at which he was tried, he had been by the State introduced as a witness against one Robertson, who was jointly indicted wifh himself for the same crime, and upon his own trial there was proved against him the testimony which he had himself given against Robertson.
That this was erroneous is settled by Josephine1 s Case, 39 Miss. 614. That he was cautioned by the circuit judge, at the time he testified against Robertson, that he need not tell about his own connection with the…
2Cases cited2 opinions
- The People v. . McMahonNew York Court of Appeals · 1857
- Bowers v. RossMississippi Supreme Court · 1877
3Cited by6 opinions
- Batchelor v. StateIndiana Supreme Court · 1920
- Farkas v. StateMississippi Supreme Court · 1883
- Miller v. StateMississippi Supreme Court · 1971
- Smith v. StateMississippi Supreme Court · 1931
- State v. JenkinsNew Mexico Supreme Court · 1952
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