Johnston v. State

Citations

• 101 Miss. 397
• 58 So. 97

Syllabus

<p>1. Criminal Law. Evidence. Self-serving declaration. Examination of witnesses.</p> <p>Where a defendant on trial for the larceny of a steer claimed that he was employed by his brother to drrfre two steers to market and that he knew nothing about their ownership-, except what his; brother told him, and that he did not make the sale nor share in. the proceeds, hut was only paid for driving the cattle, it was. reversible error for the court to exclude the testimony of witnesses; that accused had stated this to them -while driving the cattle to market and such declarations were not self-serving, hut explanatory of-defendant’s possession.</p> <p>2. Cross Examination op Witnesses. Improper questions.</p> <p>It was improper for the district attorney to ask a party charged with crime, if he was not known as “Hangman Johnston” and if he had not hanged forty-three men.</p>