Dedeaux v. State

Citations

• 125 Miss. 326
• 87 So. 664

Syllabus

<p>1. Ceiminal Law. “Accomplice” defined; question for court whether witness was an “accomplice” when facts undsputed.</p> <p>One who is present aiding, assisting, abetting, and encouraging the commission of a crime is an accomplice, and, where there is no conflict in the testimony as to the acts, conduct, or participation of a witness in an alleged crime, it is a question of law for the court as to whether the witness was in fact an accomplice.</p> <p>2. Criminal Law. Court should instruct as to weight of accomplice testimony, hut language of instruction is in court’s discretion.</p> <p>While a conviction may be had on the uncorroborated testimony of an accomplice, the court should instruct the jury that the testimony of an accomplice is to be weighed with caution, but the language in which the cautionary instruction is stated must, in a large measure, be left to the discretion of the trial court.</p> <p>3. Cbeiminal Law. Larceny._ Instruction omitting element of felonious or fraudulent tatting error.</p> <p>Under section 1251, Code 1906 (Hemingway’s Code, section 981), the word-“felonious” as used in this section is not merely descriptive of the grade of the offense, but a felonious or fraudulent taking is necessary to constitute the crime of larceny, and an instruction which omits this essential element is erroneous.</p> <p>4. Criminal Law.. Evidence as to finding of other property similar to that stolen at different place held inadmissible.</p> <p>In a prosecution for the larceny of particularly described sheep, where the evidence shows that the sheep alleged to have been stolen had been killed and buried in a certain pit,'it is erroneous to admit testimony that other sheep were found buried at a different place and in another pit.</p> <p>5. CRIMINAL Law. That other sheep of same owner disappeared held inadmissible.</p> <p>In a prosecution for the larceny of particularly described sheep, it is error to admit testimony that several months prior to the alleged the