Howard v. State

Citations

• 83 Miss. 378

Syllabus

<p>1. Criminad Law. Gambling. Code 1893, § 1431. Separate offenses. Several defendants.</p> <p>Code 1892, § 1431, providing that in prosecutions for gambling the state may give in evidence any one or more offenses of the same character, not barred by limitation, committed anterior to the day laid in the indictment, but in such case after conviction or acquittal on the merits the defendant shall not be again prosecuted for any offense of the same character committed anterior to said date, does not:</p> <p>(а) Aid an indictment'for gambling charging a number of defendants with individual offenses; nor</p> <p>(б) Authorize the conviction of a number of persons indicted jointly for gambling upon proof of individual offenses committed by them separately.</p> <p>2. Same. Interest of witness. Immunity from punishment. Instruction. Code 1893, l 1433.</p> <p>It is error to refuse a defendant on trial for gambling, against whom a state’s witness under indictment for a like offense has testified, an instruction informing the jury that in determining the interest of a witness they might consider the fact that by testifying for the state the witness was discharged from liability to punishment for the offense charged against him, although the instruction failed to enumerate the conditions under which the immunity is obtainable by the terms of Code 1892, § 1432, providing that every witness, when summoned, shall appear and give evidence of all offenses against the gambling law of which he shall have knowledge, and a witness so summoned and giving evidence, Without procurement or contrivance on his part, shall be thereafter exempt from criminal prosecution for such offense in relation to which he testifies in good faith.</p> <p>3. Same. Special plea. Autrefois convict.</p> <p>It is improper to deny a defendant charged with gambling the right to plead a former conviction, even after the trial has begun on a plea of not guilty.</p>