Gilbert v. State

Citations

• 78 Miss. 300

Syllabus

<p>1. Criminal Procedure. Testimony on preliminary trial. Certificate. Code 1892, § 1463. Magistrate as witness. Evidence.</p> <p>Where the written statement of the testimony of a witness on a preliminary trial, duly certified by the magistrate under Code 1892, $ 14G3. is offered in evidence by'the defendant to contradict testimony given by the witness on the trial under indictment, it is error to allow the district attorney to show by the eommitt ng magistrate that the testimony of the witness was incorrectly or improperly reduced to writing.</p> <p>2. Same. Jury'. Instructions. Oral. ■ Code 1892, l 732.</p> <p>Under code 1892, g 732, so providing, it is reversible error for the court of its own motion to give the jury an oral instruction, although the same be in response to a question propounded by one of the jurors.</p>