McClelland v. State

Citations

• 98 Miss. 735
• 54 So. 251

Syllabus

<p>1. Criminal Law. Code 1906, section 1923. Witnesses. Interest.</p> <p>Under Code 1906, § 1923, authorizing the examination of any witness touching his interest, etc., where a husband and wife are introduced as witnesses for accused, the state may prove, to show the interest of the witnesses, that the husband had been jointly charged before the committing magistrate with the crime for which the accused is being tried and had been discharged.</p> <p>2. Same.</p> <p>That clause of Code 1906, § 1923, providing that a witness may be examined touching his interest, etc., is simply declaratory of the common law.</p> <p>3. Harmless Error. Evidence.</p> <p>Where an undisputed fact had already been proven by a competent witness, the fact that an incompetent witness testifies to the same fact is harmless error.</p>