Hubbard v. State

Citations

• 64 Miss. 315

Syllabus

<p>Criminal Practice. . Affidavit for continuance on aceownt of absent witness. Examination of accused in respect thereto.</p> <p>H. was indicted for arson. His case being called, he applied for a continuance because of the absence of one of his witnesses. The prosecuting attorney objected. H. then presented an affidavit setting out what the absent witness would swear. The prosecuting attorney, after interrogating H. and eliciting answers which tended to contradict the statements in the affidavit, consented that it might be read as the testimony of the absent witness. On the trial after the affidavits had been read, the prosecuting attorney introduced the attorney of H. as a witness, and proved the statements of H. made as above shown, and which tended to contradict the affidavit. H. objected both to the introduction of his attorney as a witness and the admission of his statements in evidence. The court overruled both objections. He was 'convicted and appealed. Held, that the interrogation of the accused, and proof of his answers, as above stated, were unjust and illegal, and furnish good ground for reversal of the judgment.</p>