Herring v. State

Citations

• 122 Miss. 647
• 84 So. 699

Syllabus

<p>1. Criminal Law. Homicide. Witness may not express his opinion that tracks near scene of homicide were defendant’s tracks; where evidence is circumstantial, the character of footprints nearr scene is competent.</p> <p>In a homicide case, where all the testimony for the state is circumstantial, it is competent to show the character of footprints and tracks at or near the scene of the homicide, where the witnesses have made comparisons or are in position to testify to measurements, comparisons, or any peculiarities, but it is not . competent for the witness to say that two tracks are the same, or to express his opinion on the subject; it being for the jury to draw the conclusions from the testimony and to decide from all the facts deposed to whether the tracks testified to were in fact defendant’s tracks.</p> <p>2. Criminal Law. No presumption that defendant made tracks or wore shoes that made them.</p> <p>There is no presumption that the defendant in a homicide case made tracks at or near the scene of the homicide or wore the shoes that made them. Before the tracks can be weighed against the defendant, it must be shown by the evidence that he made them or wore the shoes that made them.</p> <p>3. Criminal Law. Witnesses’ comparison of tracks at scene of homicide held incompetent and prejudicial.</p> <p>The statements of the witnesses that certain tracks or footprints “compared all right, they looked to be the identical shoes” belonging to or worn by the defendant, were incompetent, and, in a close case depending altogether upon circumstantial evidence, is prejudicial to the rights of the defendants.</p> <p>4. Homicide. Where defendant has put his general reputation in issue, particular offenses to impeach him may not he shown.</p> <p>On the trial of a homicide case, where the defendant has put his general reputation in issue, it is not competent nor relevant to admit in rebuttal on the part of the prosecution evidence of a series of independent acts or particular o