Jeffries v. State

Citations

• 77 Miss. 757

Syllabus

<p>1. Witnesses. Contradiction. Immaterial matter. Cross-examination.</p> <p>Witnesses may not he contradicted as to their own statements touching immaterial matters, and it is inadmissible to ask a witness, on cross-examination, if he made a certain statement about such a matter.</p> <p>2. Same. Right of jury to disbelieve. Instruction. Homicide.</p> <p>An instruction for the state in a case of homicide is erroneous— because of the use of the disjunctive — which informs the jury that they may, if they see proper, disregard the evidence of any ■witness if they believe from the evidence—</p> <p>(ft) That he has wilfully sworn falsely in reference to a material matter; or,</p> <p>(b) That his testimony is unreasonable; or,</p> <p>(c) That his testimony is colored or biased on account of relationship to defendant; or,</p> <p>(cl) If from any reason arising out of the evidence they believe his testimony is untrue.</p> <p>3. Same.</p> <p>An instruction which is tantamount to telling the jury not to believe a witness should not be given.</p> <p>4. Ceiminal Law. Reasonable doubt.</p> <p>An instruction undertaking to define a reasonable doubt which reduces it to a mere matter of belief, is fatally erroneous.</p>