Lamar v. State

Citations

• 65 Miss. 93

Syllabus

<p>Criminal Practice. Conviction supported by testimony of accused. Effect as to certain errors.</p> <p>Where the guilt of one convicted of a crime appears by his own testimony, this court will not reverse the judgment and grant a new trial, because counsel for the State was permitted, against the objection of the defendant, to tell the jury in his argument that, on a former trial, the jury “were . not out more than one minute in their deliberations when they returned into court with a verdict of ‘guilty ” and because the district attorney, over the objection of the accused, and in spite of the directions of the court to the contrary, read the jury, in his concluding argument, certain parts of the testimony of a witness which were not in evidence; though such infringement of the rights of the accused was serious error. Martim v. State, 64 Miss. 505, and Lamar v. State, 61 Miss. 687, distinguished; and Thomas v. State, 61 Miss. 60, cited.</p>