Long v. State
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. .. Long, appellant, was indicted, tried and convicted of burglary, breaking and entering a dwelling-house and stealing money therein, and appealed to the supreme' court. The evidence for the state was to the effect that Long entered the house of one Lawson at night.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. .. Long, appellant, was indicted, tried and convicted of burglary, breaking and entering a dwelling-house and stealing money therein, and appealed to the supreme' court. The evidence for the state was to the effect that Long entered the house of one Lawson at night. Lawson’s daughter; a girl about sixteen years old, testified that, she was awakened at night by cold hands on- her face, and looking up she saw Long standing by her bed; that she called her father, when Long grabbed her, and told her to hush, that he would kill…
1Opinion of the CourtWhitfield, C. J.
The court erred in admitting in evidence the testimony of Lilly Lawson-, showing she told Mrs. Long as to her father’s getting his pay on purpose to go to Memphis, without proof also that the defendant had knowledge of this. The wife’s knowledge is not the husband’s knowledge.
It was error to permit the justice of the peace to attach his certificate and signature at the close of the trial. This should be done before the papers are delivered to the circuit court. Since the law makes such an examination, duly taken and certified, the exclusive evidence of the testimony in the committing trial,…
2Cases cited2 opinions
- Gilbert v. StateMississippi Supreme Court · 1900
- Cunning v. StateMississippi Supreme Court · 1901
3Cited by5 opinions
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- Comings v. StateMississippi Supreme Court · 1932