Legal Opinion · Dissent

Lauderdale v. State

Mississippi Supreme Court

Decided March 5, 1956No. 39952Published

1DissentLee, J.

The charge in this case was a serious one. If the defendant is guilty he assuredly deserves the penalty which was imposed. But, under our jurisprudence, only admissible evidence can be introduced to establish guilt.

In the case of Ashford v. State, 81 Miss. 414, 33 So. 174, in 1902, in a rape case, this Court said: “A complaint of a crime upon one made by the injured person is admitted as original evidence only in the case of rape. * * * But it can be shown only that she made complaint of the wrong, without more. The particulars may not be stated. Nor can it be shown upon whom she charged the…

2Cases cited8 opinions

  1. Anderson v. StateMississippi Supreme Court · 1903
  2. Ashford v. StateMississippi Supreme Court · 1902
  3. Lewis v. StateMississippi Supreme Court · 1938
  4. Frost v. StateMississippi Supreme Court · 1911
  5. Clark v. StateMississippi Supreme Court · 1921

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