Starling v. State
Mississippi Supreme Court
From the circuit court of Wayne county. Hon. William H. Hardy, Judge. Jamos and Charles Starling, appellants, were jointly tried and convicted of an assault and battery, a misdemeanor, and sentenced to pay a fine and be imprisoned in the county jail. From the conviction and sentence they appealed to the supreme court.
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From the circuit court of Wayne county. Hon. William H. Hardy, Judge. Jamos and Charles Starling, appellants, were jointly tried and convicted of an assault and battery, a misdemeanor, and sentenced to pay a fine and be imprisoned in the county jail. From the conviction and sentence they appealed to the supreme court. The appellant, James Starling, while on the stand as a witness for the defense, was, on his cross-examination, asked by the prosecution whether he had ever before been charged in any court of committing any offense.. Over the objection of appellants, he was required to' make…
1Opinion of the CourtCalhoon, J.
James Starling and Charles Starling were jointly indicted and jointly tried. James was put on the stand as a witness “for the defense;” that is, for both. It was manifest error to permit him to be asked whether he was “ever charged in any county of committing any offense before.” This question was objected to, the objection overruled, and exception taken; and it elicited an affirmative answer, that he had been twice charged — once with fighting, and once with unlawfully selling intoxicating liquors— but had not been convicted. 2 Wigmore on Evidence, sec. 982, cl. 3 (bottom of page 410). The…
2Cited by4 opinions
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- Mangrum v. StateMississippi Supreme Court · 1970
- McClelland v. StateMississippi Supreme Court · 1910