Gordon v. State

Specially Concurring Opinion.

Ethridge, J.,

delivered a specially concurring opinion.

I concur in the result of the affirmance of this case, but not in the view that the refusal under all circumstances of the instruction, charging the jury “that the testimony of an accomplice in a crime should be received and considered by the jury with great caution, suspicion, and jealousy,” is not assignable as error under any circumstances. I do not think the facts in this case re quire the giving of such an instruction, although no harm would come from giving it.

In the case of Green v. State, 55 Miss. 454,…