Cunning v. State

Citations

• 79 Miss. 284

Syllabus

<p>1. Ceiminal Law and Pbocedtjee. Conservator of the peace. Prelimi-na/ry trial. Evidence. Code 1892, $ 1403. Contradicting witness.</p> <p>An unsigned writing purporting to contain, the testimony of a witness on a preliminary trial, not certified by the conservator of the peace or returned, as required by code 1892, \\ 1463, is a nullity and is not admissible in evidence on the trial of the accused to contradict the witness.</p> <p>2. Same. Parol evidence to aid.</p> <p>Such a paper cannot be made .admissible by the aid of parol evidence.</p> <p>3. Same. Compliance with statute. Failure. Effect.</p> <p>If a conservator of the peace comply with the statute, the writing will be conclusive of what the witnesses testified before him; if he fail to do s'o, a witness may be contradicted by parol evidence of what he swore on the preliminary trial.</p>