Legal Opinion

Farkas v. State

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 6 opinions

Appeal from the Circuit Court of Warren County. Hon. WarreN CowaN, Judge. Emma Farkas was killed on the 13th of July, 1882. ■ A coroner’s jury was summoned to investigate the killing. There was no positive evidence pointing to the guilty party, but the circumstances oast suspicion upon A. Farkas, the husband of the deceased, and he was arrested by “order of the coroner’s jury.”

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Appeal from the Circuit Court of Warren County. Hon. WarreN CowaN, Judge. Emma Farkas was killed on the 13th of July, 1882. ■ A coroner’s jury was summoned to investigate the killing. There was no positive evidence pointing to the guilty party, but the circumstances oast suspicion upon A. Farkas, the husband of the deceased, and he was arrested by “order of the coroner’s jury.” While under arrest, he was brought before the coroner’s jury, and after being sworn made a lengthy statement detailing facts and circumstances intended to fix the murder on unknown persons, who he said entered his…

1Opinion of the CourtCampbell, C. J.

• It was erroneous to admit in evidence, the testimony given by the appellant as a witness before the coroner’s inquest. He was then a prisoner charged, not formally, but in fact, with the crime of the murder of his wife, whose death was the subject of inquisition, and it is deducible from all the authorities that it was not admissible, afterwards, to give in evidence *849against Mm, on bis trial for tbe crime, tbe evidence given by bim as a witness sworn before the inquest engaged in the investigation of that very crime. Josephine v. The State, 39 Miss. 613 ; Jackson v. The State, 56 Miss. 311;…

2Cases cited5 opinions

  1. The People v. . McMahonNew York Court of Appeals · 1857
  2. Hendrickson v. . the PeopleNew York Court of Appeals · 1854
  3. Teachout v. PeopleNew York Court of Appeals · 1869
  4. Josephine v. StateMississippi Supreme Court · 1872
  5. Jackson v. StateMississippi Supreme Court · 1879

3Cited by6 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1895
  2. Tuttle v. PeopleSupreme Court of Colorado · 1905
  3. Adams v. StateSupreme Court of Georgia · 1907
  4. State v. MeyerSupreme Court of Iowa · 1917
  5. Miller v. StateMississippi Supreme Court · 1971

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