Brandon v. State

Citations

• 75 Miss. 904

Syllabus

<p>1. Cbiminal Law. Arrest of witness in presence of jury. Coda 1892, 1 1384. When reversible error.</p> <p>It is error for the trial court to cause the arrest of a witness, under ' code 1892, 1384, providing- for the arrest of palpable perjurers, in the presence of the jury. Such arrests, if possible, should be made out of their presence and hearing. And where the evidence against the party on trial is fairly balanced by that in his favor, he will be entitled to a reversal on account of such improper arrest. Golden v. State, ante, p. 130; Chase v. State, ante, p. 502.</p> <p>2. Same. Unneeessa/ry hilling. Instruction.</p> <p>An unnecessary killing cannot be predicated of a homicide committed in self-defense. An instruction so doing is erroneous.</p> <p>3. Same. Burden of proof. Instruction.</p> <p>An instruction for the state predicated of the idea that the burden of proof may be shifted to defendant, should not be given. Herman v. State, ante, p. 340.</p>