McClelland v. State
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller., Judge. Sam McClelland was convicted of robbery in the lower court and appeals. • The learned assistant attorney-general is in error in stating that there is only one assignment by the appellant here. .It will be noted that the action of the court in permitting the district attorney to interrogate Mrs. Dunn as to whether her husband was jointly charged with the defendant in the justice court with the…
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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller., Judge. Sam McClelland was convicted of robbery in the lower court and appeals. • The learned assistant attorney-general is in error in stating that there is only one assignment by the appellant here. .It will be noted that the action of the court in permitting the district attorney to interrogate Mrs. Dunn as to whether her husband was jointly charged with the defendant in the justice court with the commission of the crime, is assigned as error, as well as that the state was permitted to show by the witness Dunn himself that…
1Opinion of the CourtAnderson, J.
The appellant, McClelland, was convicted or robbery, and appeals to this court.
*738On the trial, Louis Dunn and his wife testified on behalf of the appellant. On their cross-examination the state, over the objection of appellant’s attorney, was permitted to prove that the husband, Louis Dunn, had been jointly charged with appellant, before the committing court, with the crime for which appellant was being tried. They further testified that he was discharged by the justice of the peace. This action of the court, on the authority of Starling v. State, 89 Miss. 328, 42 South. 798, is assigned as…
2Cases cited1 opinion
- Starling v. StateMississippi Supreme Court · 1906
3Cited by2 opinions
- Crenshaw v. StateMississippi Supreme Court · 1988
- State v. MooreSupreme Court of Iowa · 1933