Hill v. State

Citations

• 64 Miss. 431

Syllabus

<p>1. CRIMINAL Practice. Testimony of defendant before committing court. Whether competent on subsequent trial.</p> <p>Where by statute a person accused of a crime is made a competent witness in his own behalf, and one so accused testifies on his preliminary examination before a committing court in exercise of this right, such testimony may afterward, on a trial of his case, be used against him.</p> <p>2. Same. Defendant’s testimony. Sufficiency of. Errors, when not available. Supreme court practice. Manslaughter.</p> <p>H., charged with the murder of B., testified in his own behalf as follows: “ B. came to my house for a bucket of water, got it, and went out of the ga'e. I called to him and asked him about a threat he had made to beat me. B. answered, 1 By God! I will yet if you fool with me.’ I told him that he had threatened to kill me. He denied that he had so threatened. I told him I could prove it by E. I told him that I did not like for any man to run over me in any such style as that. He turned round and said, ‘ By God! if you don’t like it, just come out here, and I can satisfy you.’ He started toward me, pushing up his sleeves when he saw me come. He turned to get a stick and reached down toward the ground, but did not get it. I got my knife. He put his right hand in his pocket and held it open with his left, and came toward me, and I went toward him with my knife in my hand, and then I cut him, advancing face to face, and cut him one time.” B. died from the effects of this cut. H. was convicted of manslaughter. Held, that the conviction was proper on this testimony of H. himself; and the judgment cannot be reversed because of the erroneous action of the court in reference to other evidence and the instructions given for the State.</p> <p>3.Same. Dying declaration. Evidence of religious belief of deceased.</p> <p>Where, in the trial of a case of homicide, proof of a statement made by the deceased is admitted in evidence as his dying declaration in relation