Lewis v. State

Citations

• 85 Miss. 35

Syllabus

<p>1. Witnesses. Credibility. Conviction of crime. Code 1893, $ 1503. Code 1893, § 1746.</p> <p>The examination of a witness touching his conviction of a crime may extend to misdemeanors as well as to felonies, under Code 1892, § 1746, authorizing the examination of any witness as to his conviction of crime, and Code 1892, § 1502, defining “crime” as used in any statute to mean any violation of law liable to punishment by criminal prosecution.</p> <p>2. Same. Criminal law. Co-defendants.</p> <p>The objection of a defendant upon trial for crime to the competency as a witness of one jointly indicted with' him, especially after a nolle prosequi has' been entered as to the witness, is without merit, since the witness alone can object to being examined.</p> <p>3. Jtjbobs. Competency. Code 1892, ¡¡ 2355. Exclusion. Review.</p> <p>An appellant cannot predicate error of the action of the trial court in excluding a proffered juror from the panel of its own motion, under Code 1892, § 2355, providing that any juror shall be excluded if the court be of opinion that he cannot try the case impartially, and the exclusion shall not be assignable as error; nor can error be predicated of tbe action of tbe trial court in sustaining a challenge on the ground that there is a criminal case pending against the challenged juror. (See last sentence, Code 1892, § 2354,, amended Laws 1894, p. 60.) . .</p> <p>4.''Criminal Law. Burglary. Ownership of premises.</p> <p>Actual possession of a house is the equivalent of a fee simple, title as against a burglar, although the possession be wrongful as against the real owner.</p> <p>5. Trials. ReMrement of jury.</p> <p>It. is not error for the jury to be, retired pending argument to the court on the competency of a witness.</p>