Cheatham v. State

Citations

• 67 Miss. 335

Syllabus

<p>1.Criminal Procedure. Change of venue; refusal'assigned for error. Supreme court. Review of whole case.</p> <p>In reviewing the action of the circuit court in refusing defendant’s application for a change of venue, where a motion for a new trial has been overruled, and the whole evidence is in the record, this court will not look alone to the evidence before the court on the application for the change of venue, but will judge from the whole case, whether an impartial trial was had.</p> <p>2. Jury. Presumed to obey instructions.</p> <p>Until the contrary appears, it must be presumed that a jury'honestly performs its duty, and ignores such incompetent evidence-or improper remarks inadvertently made by counsel as they are instructed by the court to disregard.</p> <p>3. Same. Improper comments by counsel. Withdrawal thereof.</p> <p>Accordingly, where counsel for the state in his argument before the jury commented on circumstances adverse to the defendant, but not in evidence, and, upon immediate objection by defendant’s counsel withdrew the remarks as being inadvertently made, and ashed the jury to ignore them, and the court instructs the jury to disregard them, a verdict of conviction will not for that reason be set aside and a new trial awarded.</p> <p>4. Witness. Evidence to discredit. When incompetent.</p> <p>Where no foundation has been laid in the examination of the witness himself for evidence attacking his credibility, evidence of facts calculated to discredit him is incompetent, unless the facts are such as, of and by themselves, to throw discredit on his testimony, as that he had accepted a bribe, or is of generally bad reputation for truth and veracity,, etc.</p> <p>5. Evidence. Mere offer to bribe witness.</p> <p>Mere offers of a bribe or other inducement to testify, not accepted by the witness, are incompetent as evidence to discredit him. •</p> <p>6. Testimony of Accomplice. Instruction. Judicial discretion.</p> <p>A conviction of murder resting in part