Clark v. State

Citations

• 100 Miss. 751
• 57 So. 209

Syllabus

<p>1. Criminal Law. Farol evidence. Record. Objections. Waiver. Oode 1906, sections 4936-1508.</p> <p>Parol evidence is not admissible to contradict the record of a court of record.</p> <p>2. Criminal Law. Oode 1906, section 4936.</p> <p>Where the indictment charged that accused killed Tobe Wallace and the evidence showed that the person killed was Tobe Hollis, there is a failure of proof and accused may raise the objection for the first time on appeal in the supreme court.</p> <p>3. Same.</p> <p>Section 4936, Code 1906, providing that no judgment shall he . reversed because of any error or omission in the case in the court below, unless the record shows that the errors complained of were made the ground of special exception in such court, does not operate in any case so as to supply the proof necessary to show that the offense had been committed,</p> <p>4. Same.</p> <p>When a party is upon trial for his life, he stands at every stage of the trial objecting to all illegal proceedings; and it is only in instances specified by the statute that he waives those things which the statute makes him waive in the event he fails to object.</p> <p>5. Homicide. Variance in name. Objections. Waiver. Oode 1906, section 1508.</p> <p>Where accused was indicted for the murder of one person and the evidence showed that he killed an entirely different person and there was no amendment of the indictment sought by the state to make it correspond with the evidence, a conviction could not be sustained on the theory that the trial court could have amended the indictment, as authorized by Oode 1906, section ' 1508.</p>