Cunning v. State
Mississippi Supreme Court
Fb,om the circuit court of, first district, Coahoma county. Hon. Frane E. Larkin, Judge. Cunning, the appellant, was convicted of murder and appealed. The only persons present at the time of the homicide were appellant, deceased and one Robinson. Robinson testified at the trial of the case in the court below that the killing was accidental.
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Fb,om the circuit court of, first district, Coahoma county. Hon. Frane E. Larkin, Judge. Cunning, the appellant, was convicted of murder and appealed. The only persons present at the time of the homicide were appellant, deceased and one Robinson. Robinson testified at the trial of the case in the court below that the killing was accidental. To impeach the testimony of this witness the state was allowed, over.the objection of defendant, to introduce portions of a writing, purporting to be the substance of the material testimony of the witness, as taken down by one Bellamy at the committing…
1Opinion of the CourtWhitfield, C. J.
It is held in Wright’s case, 50 Miss., 332, that the law conclusively presumes that the committing magistrate took down all the testimony if he took down any, because — and the reason is vital' — he conformed to the law in taking down the testimony in writing, and certifying it, and sending it up to the next term of the'circuit court, etc. It is just because, and only because, the examination of the witnesses by a committing magistrate has been taken and dealt with as the law prescribes in such cases, and thus has all the sanctions of the law guaranteeing *287its genuineness, that it can be used…
2Cases cited2 opinions
- Steele v. StateMississippi Supreme Court · 1898
- Wright v. StateMississippi Supreme Court · 1874
3Cited by1 opinion
- Long v. StateMississippi Supreme Court · 1902