Legal Opinion

Owens v. State

Mississippi Supreme Court

Decided April 15, 1886PublishedCited by 19 opinions

Appeal from the Circuit Court of Warren County. Hon. Kalph North, Judge. Walter Owens was indicted for the murder of one David Martin, in Warren County. He was tried and convicted, and then prosecuted this appeal to this court. On the trial the defendant offered to introduce proof of the substance of the testimony which one Swartz had.delivered on a previous trial of this .cause on a writ of habeas corpus.

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Appeal from the Circuit Court of Warren County. Hon. Kalph North, Judge. Walter Owens was indicted for the murder of one David Martin, in Warren County. He was tried and convicted, and then prosecuted this appeal to this court. On the trial the defendant offered to introduce proof of the substance of the testimony which one Swartz had.delivered on a previous trial of this .cause on a writ of habeas corpus. It was shown that writs of subpoena had been issued for Swartz, but that he was out of the State. The court refused to admit proof of such testimony. The defendant was introduced and…

1Opinion of the CourtAknohd, J.

The first instruction given for the State declared, in effect, that the jury, at pleasure and without regard to other considerations, might reject, in whole or in part, the testimony of any witness interested in the cause, or who had any motive to swear falsely, unless he was corroborated. As a legal proposition this is not true. Without corroboration the jury might accept the testimony of such witness as true, in whole or in part, if they deemed him worthy of credit, or from such interest and motive they might disbelieve him, in whole or in part, whether corroborated or not, if, in their…

2Cases cited4 opinions

  1. Summons v. StateOhio Supreme Court · 1856
  2. State v. HouserSupreme Court of Missouri · 1858
  3. Barnett v. PeopleIllinois Supreme Court · 1870
  4. Strickland v. HudsonMississippi Supreme Court · 1877

3Cited by19 opinions

  1. Kemper v. StateCourt of Criminal Appeals of Texas · 1911
  2. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  3. Stringer v. StateMississippi Supreme Court · 1986
  4. Smith v. StateSupreme Court of Georgia · 1918
  5. Lipscomb v. StateMississippi Supreme Court · 1898

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