Brown v. State

Citations

• 88 Miss. 166
• 40 So. 737

Syllabus

<p>1. Criminar Law. Homicide. Evidence. Previous difficulty. Woman in the ease. Flight.</p> <p>In a prosecution for homicide it was error to exclude testimony offered by defendant to show:</p> <p>(а) The details of a difficulty .between deceased and defendant shortly before the killing, although the state had not proved that the previous difficulty occurred; and</p> <p>(б) The whereabouts at the time of the killing of the woman about whom and at whose house the previous difficulty had occurred; and;</p> <p>(o) Turbulence, violence, and rioting immediately after the homicide in the town where it occurred, whence defendant fled, as a reason which might have induced him to have sought safety in flight.</p> <p>2. Same. Defendant not controlled in order of testimony. Not■ required to disclose purposes in advance.</p> <p>And in such case it was error for the trial court:</p> <p>(а) To attempt to control the defendant in the order in which he should introduce his testimony; and</p> <p>(б) To require the defendant to disclose in advance the purpose for which he desired to prove certain facts upon cross-examination of a witness for the state.</p>