Owens v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. Special bills of exceptions, signed at the appellant’s trial which resulted in his conviction for the murder of J. P. Boar-man show that a member of the board of supervisors was called by the State and testified that he had written a document which was produced as Boarman’s dying declaration, as the questions which he asked were answered by Boarman, who after hearing the whole read over to him approved…
Read the full summary
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. Special bills of exceptions, signed at the appellant’s trial which resulted in his conviction for the murder of J. P. Boar-man show that a member of the board of supervisors was called by the State and testified that he had written a document which was produced as Boarman’s dying declaration, as the questions which he asked were answered by Boarman, who after hearing the whole read over to him approved and signed it, that the appellant then proposed to cross-examine the witness in order to show that Boarman was not aware…
1Opinion of the CourtCampbell, C. J.
The court erred in refusing to allow the accused to testify as a witness for himself. The State having introduced the dying declarations of the deceased, the accused was thereby made a competent witness. The object of § 1603 of the Code of 1880 was to make the accused a competent witness for himself, when the testimony of the person on or against whom or whose property the offence is alleged to have been committed was used against him. Its purpose was to effect justice by hearing the accused as a witness in response to the testimony of his adversary. Although the person on whom the murder was…
2Cases cited1 opinion
- Strickland v. HudsonMississippi Supreme Court · 1877
3Cited by3 opinions
- Lipscomb v. StateMississippi Supreme Court · 1897
- Bell v. StateMississippi Supreme Court · 1895
- Baylis v. StateMississippi Supreme Court · 1938