Magness v. State

Citations

• 106 Miss. 195
• 63 So. 352

Syllabus

<p>1. Witnesses. Impeachment of one’s own witness. Examination. Cross-examination. Venial.</p> <p>The capacity of a witness to give correct testimony, his mental attitude or feeling, his bias, hostility, or interest relative to the matter in issue, are matters proper for the jury to take into consideration in determining how far the witness may be believed, and not collateral to the issue within the rule, that the cross-examining party is bound by the statements of the witness and cannot impeach him.</p> <p>2. Witnesses. Cross-examination. Impeachment. Collateral matter.</p> <p>The test of whether a matter inquired into on cross-examination is collateral within the rule forbidding its contradiction, is, would the cross-examining party he entitled to prove it as a part of his case.</p> <p>3. Witnesses. Impeachment. Cross-examination.</p> <p>Before a witness can he impeached hy contradictory statements made at other times, he must he given an opportunity to admit or deny them.</p> <p>4. Same.</p> <p>Where a witness refuses to either admit or deny the making of contradictory statements, such statements may he proven to impeach him.</p>