Collier v. State

Citations

• 106 Miss. 613
• 64 So. 373

Syllabus

<p>1. Criminai, Law. Trial. Oopy of venire. Right of accused. Necessity of demand. Evidence. Other offenses. Code 1906, section 1481.</p> <p>Under Code 1906, section 1481 so providing, where accused on trial for a capital offense desires a copy of the special venire summoned and the indictment, he must demand the same by motion in writing before the completion of the drawing of the special venire, and on his failure to do so, the court will not quash the venire for failure to serve the list.</p> <p>2. CbimiNAL Law. Evidence. Other offenses.</p> <p>It is not permissible in a prosecution for rape for the state to prove, independent and distinct crimes to the one on trial, unless they form part of a system, or a part of the res gestae, or to identify the accused.</p> <p>3. Same. Previous crimes. Subsequent crimes.</p> <p>Upon the trial of an indictment, a previous or subsequent crime committed by defendant can only be proved: (a) Where it is connected with the one charged in the indictment and sheds light upon the motive of defendant, or (b) Where it forms a part of a chain of facts so intimately connected, that the whole must be heard in order to interpret its several parts, or (c) In cases of conspiracy, uttering forged instruemnts or counterfeit coin, and receiving stolen goods, for the sole purpose of showing a criminal intention.</p>