Le Barron v. State

Citations

• 107 Miss. 663
• 65 So. 648

Syllabus

<p>1. Grand Jury. County prosecuting attorney. Presence before grand jury. Indictment and information. Motion to quash. Grounds. Appeal. Evidence. Prejudice. Evidence. Photographs. Rulings on evidence.</p> <p>It is made the duty of the county prosecuting attorney under Laws 1912, chapter 253, section 5, to represent the state in all matters coming before the grand jury of his county, and it is proper for him to be before the grand jury in its investigations of offenses but he should take no part in the jury’s deliberations.</p> <p>2. Indictment and Information. Motion to quash. Grounds.</p> <p>It is no ground to quash an indictment that the diétrict attorney was before the grand jury during its deliberation and when the indictment was voted on, in the absence of a showing that a defendant was prejudiced thereby, since it is his duty to render assistance to the grand jury whenever his services will be helpful.</p> <p>3. Criminal Law. Appeal. Evidence. Prejudice.</p> <p>In a trial for murder it was not reversible error to admit the testimony of a witness, in reference to the angle at which certain bullets entered into a post or wall in the room in which the killing occurred, where such testimony was immaterial, and the question of accused’s guilt was not dependent upon the direction or angle of the bullets, but upon the question as to whether he or some other person fired the fatal shot.</p> <p>4. Criminal Law. Evidence. Photographs.</p> <p>A photograph may be introduced in evidence after it has been shown by preliminary testimony that it is a true and faithful representation of tlie place or subject as it existed at the time of the commission of the crime.</p> <p>5. Same.</p> <p>It is. necessary that a photograph offered to he introduced in evidence should be practically instructive as evidence, and whether it is so, or whether it has been sufficiently verified, is a preliminary question to be determined by the judge presiding at the trial.</p> <p>6. Appeal. Ruling o