Hill v. State
Mississippi Supreme Court
Appeal from the circuit court of Webster county. Hon. H. H. Rodgers, Judge. Pink Hill was convicted of murder and appeals. The facts are fully stated in the opinion of the court. We submit that evidence of contradictory statements is admissible for the purpose only, of impeaching a witness; not as proof of fact in issue. Such evidence, in its very nature, could have no probative value as tending to establish a fact material to the merits of the cause.
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Appeal from the circuit court of Webster county. Hon. H. H. Rodgers, Judge. Pink Hill was convicted of murder and appeals. The facts are fully stated in the opinion of the court. We submit that evidence of contradictory statements is admissible for the purpose only, of impeaching a witness; not as proof of fact in issue. Such evidence, in its very nature, could have no probative value as tending to establish a fact material to the merits of the cause. It goes to the credibility of the witness, and can go no farther. It was therefore highly improper for the district attorney to comment, as he…
1Opinion of the CourtSykes, J.
Pink Hill was convicted of murder ‘and sentenced to the penitentiary for life, from which sentence this appeal is prosecuted.
The uncontradicted testimony shows that the deceased, Ausby Townsend, on the morning of the killing told Pink Hill that he would kill him, before sundown. He also made this statement to several other witnesses in the case. The appellant, Pink Hill, was employed to carry the mail between the depot and the post office in the town of Eupora. After this threat of the deceased the appellant procured a pistol from the drawer of the station agent in the town of Eupora. He…
2Cases cited2 opinions
- Allen v. StateMississippi Supreme Court · 1889
- Middleton v. StateMississippi Supreme Court · 1902
3Cited by4 opinions
- Hollingsworth v. Bovaird Supply Co.Mississippi Supreme Court · 1985
- State v. BottomsSupreme Court of South Carolina · 1973
- Darby v. StateMississippi Supreme Court · 1920
- Comings v. StateMississippi Supreme Court · 1932