Irving v. State

Citations

• 92 Miss. 662
• 47 So. 518

Syllabus

<p>1. Criminal Law and Procedure. Evidence. Statements of others, not denied.</p> <p>The failure of the accused to deny a statement of another cannot he used in evidence against him unless it he affirmatively shown with clearness that it was made in his hearing.</p> <p>2. Same. In another room. Case.</p> <p>Where, on a trial for burglary, the time at which the accused reached home on the night in question was a' vital issue, the admission in evidence of his mother’s statements on that sub ject, made when he was in another room, was erroneous.</p>