Long v. State

Citations

• 81 Miss. 448

Syllabus

<p>1. Criminal Law and Procedure. Burglary. Larceny. Husband and ' wife. Evidence.</p> <p>Upon the trial of an accused for breaking and entering a dwelling house and the larceny of money therein, statements made by a witness to defendant’s wife before the breaking to the effect that the owner had money in the house, is inadmissible in the absence of evidence that the statements were communicated to defendant.</p> <p>2. Same. Conservator of the peace. Code 1892, 1 1463.</p> <p>A conservator of the peace who, as required by code 1892, $ 1463, reduces to writing the substance of the testimony delivered on a preliminary trial before him, should certify the same before delivering the writing to the circuit court, and it is error, but not necessarily reversible error, for him to be permitted to certify it after-wards during the trial of the accused in the circuit court, to be used in that trial.</p> <p>3. Same. Certificate. Requisite of admissibility. Evidence.</p> <p>In order to render admissible in evidence the certificate of a conservator of the peace, made under code 1892, $ 1463, requiring him to reduce to writing the substance of the material testimony of all the witnesses examined on the preliminary trial, and to certify and return the proceedings and testimony so taken to the circuit court before its next term, it is essential that he should so certify and return the substance of the testimony of all the witnesses examined before him.</p> <p>4. Same. Witness not exa/mined i/n circuit court.</p> <p>That part of the return certifying the proceedings and testimony before a conservator of the peace on a preliminary trial made under code 1892, $ 1463, which contains the testimony of a witness (alive and within the jurisdiction of the court), is not admissible in evidence on the trial in the circuit court, unless the witness has testified in that court.</p> <p>5. Same. Improper argument.</p> <p>On a trial for burglary, remarks of the district attorney, made in argument