Johnson v. State

Citations

• 63 Miss. 313

Syllabus

<p>1. Murder. Fhidence of statement by deceased, when hearsay.</p> <p>J. was on trial for tbe murder of C., a child. J. had whipped the child severely. On the day after the whipping the child said to B., J. not being present, that he then felt a pain in his head caused by the whipping which J. had administered to him the day before. Held, that it was error to admit in evidence B.’s testimony of what the child said.</p> <p>2. Same. Husband or wife as mtness. Failure to call. Section 1601, Code of 1880. Under $ 1601, Code of 1880, which provides that “Husband and wife</p> <p>may be introduced by each other in all causes, civil or criminal,” the fact that a husband, being tried on a charge of murder, fails to introduce his wife in his behalf is not a legitimate subject of discussion by counsel or of consideration by the jury, and it is error for the court to give an instruction calling attention to such fact, but the case must be decided solely upon the testimony introduced, without regard to the failure of the husband to call his wife in his behalf.</p>