Jones v. State

Citations

• 65 Miss. 179

Syllabus

<p>1. Evidence. Of contradictory statements. Foundation therefor. Case in judgment.</p> <p>A witness was asked on cross-examination whether he had not at various times made different and contradictory statements to different persons in regard to the matters testified to by him on his examination in chief. Held,, that it was proper to sustain an objection to such question, because it failed to specify the time, place and persons involved in the supposed contradictions. Fulton v; Hughes, 63 Miss., 61, cited.</p> <p>2. Criminal Practice. Evidence of contradictory statements. Communications of accomplice to his attorney, whether privileged.</p> <p>B. was appointed to defend J. and L., jointly indicted for murder. On the trial of J., L. appeared as a witness for the State and testified to the guilt of J., and was the only witness who testified to the death of the person alleged to have been killed, stating that he threw the dead body of the man killed into a creek. On cross-examination the witness was asked if he had not stated to B., his counsel, on the day previous, soon after the Court had appointed B. to defend him, that the person alleged to have been killed was not dead when he threw him into the creek. The Court would not permit the question to be answered. Held, that this was error. In such case the communication of a client to his attorney is not privileged.</p>