Humphreys v. State

Citations

• 122 Miss. 41

Syllabus

<p>1. -Where Evidence Is Circumstantial no Error Must Be Committed in Exclusion or 'Admission or Testimony.</p> <p>Where the guilt of an accused in a criminal case must depend altogether upon circumstantial evidence, a fair administration of justice requires that no error should be committed in the exclusion or admission of testimony, especially where the case is a close one upon the facts.</p> <p>2. Criminal Law. Statements of defendant’s wife out of defendant’s hearing recognizing guilt held inadmissible.</p> <p>On the trial of a defendant indicted for the larceny of certain seed cotton, it was error to permit the officer making the arrest to detail a conversation or statements 'of the -defendant’s wife, made out of the hearing of the defendant, tending to recognize or confess defendant’s guilt.</p> <p>3. Criminal Law. That defendant’s wife since his arrest destroyed a cotton sack used in transporting cotton held inadmissible.</p> <p>On the trial of one indicted for the larceny of seed cotton, where the testimony for the state tended to prove that the cotton was transported from a field by mule back, it was error to permit the officer making the arrest to testify to circumstances tending to show that the defendant’s wife, since the arrest, cut up into strips or destroyed a large cotton sack theretofore used by the defendant in transporting cotton from his field to his cotton pen.</p>