Bain v. State
Mississippi Supreme Court
Ekom the circuit court of Attala county. Hon. C. H. Campbell, Judge. The case is stated in the opinion. It «tnnot be the law that nothing is “ duress” but a fear of being killed or receiving some serious bodily harm while testifying court. If so, there can be no legal duress to protect a wit whose evidence is untrue, since there, is not an example in all ji prudence to support such a view.
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Ekom the circuit court of Attala county. Hon. C. H. Campbell, Judge. The case is stated in the opinion. It «tnnot be the law that nothing is “ duress” but a fear of being killed or receiving some serious bodily harm while testifying court. If so, there can be no legal duress to protect a wit whose evidence is untrue, since there, is not an example in all ji prudence to support such a view. Antecedent circumstances preying on the mind of the defendant at the time he testified. His calamity placed him in agonizing fear, and hence his clean breast for the state. An improper influence may be…
1Opinion of the CourtCooper, J.
The appellant has been indicted and convicted of the offense of perjury. The sole defense attempted to be proved was that appellant’s life had been threatened by one Neto Dodd, unless he should go into court and testify so as to criminate himself and certain .other persons who were suspected of having murdered a negro man -and his wife, tenants upon the farm of Dodd. The court below ¡excluded the evidence tendered to show the threats upon the ground -that it was not proposed to be shown that the threats were made at the instant of delivery of the testimony nor in the presence of the *560court in…
2Cited by14 opinions
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- State v. ToscanoSupreme Court of New Jersey · 1977
- State v. WestonOregon Supreme Court · 1923
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