Dukes v. State

Citations

• 80 Miss. 353

Syllabus

<p>1. Criminal Law. Evidence. Death of Witness. Subsequent trial. Identity of issues.</p> <p>The testimony of a witness delivered in his life time on a preliminary trial of one charged with crime, who had full opportunity to cross-examine him, is admissible, after his death, on a subsequent trial, and can be proved by persons able to state its material substance, where, but only where, the issues are substantially identical.</p> <p>2. Same. Bobbery. Murder.</p> <p>The issues involved in charges of robbery and murder are not substantially identical, although the death resulted from blows inflicted in the perpetration of the robbery.</p>