Middleton v. State

Citations

• 80 Miss. 393

Syllabus

<p>1. Criminal Law. Witnesses. Contradicting. Unsworn statements. Argument to jiury.</p> <p>Proper predicate being- laid, the unsworn statements of a defendant’s witness, contradictory of his testimony on a material matter, are admissible to discredit him, although made out of court and in the absence of defendant, but cannot be made the basis of an argument by the prosecuting attorney for any other purpose.</p> <p>3. Same. Murder. Instruction. Mvidence to support.</p> <p>Where, in a conflict between the defendant and the deceased, two shots were fired by defendant, and it was undisputed.that deceased was killed by the first and was untouched by the second shot, it was error for the court, at the request of the state, to instruct the jury to convict if deceased fled after the first shot and defendant pursued, and being in no danger, shot at decedent with intent to kill, and did kill, since there was no evidence to support the theory that deceased was killed by the second shot.</p>