Garrard v. State
Mississippi Supreme Court
Error to tbe Circuit Court of Issaquena County. Hon. O. C. Shackleford, Judge. The opinion of the court contains a sufficient statement of the ease. 1. The testimony relating to statements made by Wilson implicating Cato Garrard, although such statements were made in his presence, should have been excluded from the jury. Before the statements of codefendants can be given in evidence against each other, there must be a prima facie case established aliunde.
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Error to tbe Circuit Court of Issaquena County. Hon. O. C. Shackleford, Judge. The opinion of the court contains a sufficient statement of the ease. 1. The testimony relating to statements made by Wilson implicating Cato Garrard, although such statements were made in his presence, should have been excluded from the jury. Before the statements of codefendants can be given in evidence against each other, there must be a prima facie case established aliunde. Browning v. State, 38 Miss., 47. The statements of one or more conspirators are competent against the others, it' the conspiracy be first…
1Opinion of the Court
Peyton, O. J.,
delivered the opinion of the court:
This is a writ of error from a judgment upon a conviction of the plaintiff in error of burglary. The main questions presented by this record for our consideration involve in their solution an inquiry into the propriety of admitting testimony of the statements of one Alexander Wilson, an accomplice of the accused, not on trial, and of refusing an instruction asked by the defendant below, the plaintiff in error.
There being no proof of any combination or conspiracy between Wilson and the plaintiff, to commit the offense charged in the indictment,…
2Cases cited3 opinions
- Belote v. StateMississippi Supreme Court · 1858
- Browning v. StateMississippi Supreme Court · 1872
- People v. WardNew York Supreme Court · 1836
3Cited by15 opinions
- People v. DitsonCalifornia Supreme Court · 1962
- Ellis v. StateMississippi Supreme Court · 1887
- State v. StevensonOregon Supreme Court · 1920
- Norwood v. StateMississippi Supreme Court · 1972
- Williams v. StateMississippi Supreme Court · 1894
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