Hill v. State

Citations

• 118 Miss. 170
• 79 So. 98

Syllabus

<p>1, Cbiminal Law. Argument of district attorney.</p> <p>To discredit a witness by showing that he made a contradictory, material statement out of court is one thing, and it justifies argument that he is unworthy of belief, but it is quite another thing, and not justified, to predicate an argument for conviction on the unsworn contradictory statement out of court, in defendant’s absence, as if it were a substantive fact prdved.</p> <p>2. Same.</p> <p>Where in a murder case the district attorney’s argument laid stress on what a witness, who was with deceased when he was shot, told other persons, and then treated such hearsay statements as evidence that defendant shot without provocation, such an argument was improper as an appeal to convict on the hearsay testimony of a rebuttal witness.</p> <p>3. Criminal Law. Instructions. Necessity.</p> <p>In such case an instruction that hearsay testimony could only be used as going to the credibility of the witness sought to be rebutted should have been given.</p>