Garman v. State
Mississippi Supreme Court
Appeal from, the circuit court of Lee county. Hon. Look E. Houston, Judge. Appellants were tried and convicted before a justice of the peace upon an affidavit charging a violation of § 2770 of code 1880, in reference to the use of profane, vulgar, and indecent language near the dwelling-house of another, and in the presence or hearing of the family of the occupant.
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Appeal from, the circuit court of Lee county. Hon. Look E. Houston, Judge. Appellants were tried and convicted before a justice of the peace upon an affidavit charging a violation of § 2770 of code 1880, in reference to the use of profane, vulgar, and indecent language near the dwelling-house of another, and in the presence or hearing of the family of the occupant. An appeal Avas taken to the circuit court, and before the cause was submitted to the jury the district attorney asked and obtained leave to amend the affidavit so as to show the use at the same time of other language of like import…
1Opinion of the CourtArnold, C. J.
The amendment of the affidavit in the circuit court, was warranted by § 1581 of the code, as amended by the act of 1886. Acts of 1886, 85.
It was error to allow Lawrence Garman to be contradicted in rebuttal, as to a collateral and irrelevant matter. A witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence. And if a question is put to a witness which is collateral and irrelevant to the issue, his answer cannot be contradicted by the party who asked the question; but it is conclusive against…
2Cases cited5 opinions
- Tift v. JonesSupreme Court of Georgia · 1874
- Crowe v. PetersSupreme Court of Missouri · 1876
- French v. SaleMississippi Supreme Court · 1885
- Larue v. RussellIndiana Supreme Court · 1866
- Chester v. BowerCalifornia Supreme Court · 1880
3Cited by8 opinions
- State v. HuntNew Mexico Supreme Court · 1920
- Walker v. StateMississippi Supreme Court · 1929
- Corbin v. StateMississippi Supreme Court · 1911
- Eastland v. StateMississippi Supreme Court · 1955
- Ware v. StateMississippi Supreme Court · 1926
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