Miller v. State

Citations

• 68 Miss. 221

Syllabus

<p>1. Criminal Procedure. Indictment for murder. Amendment.</p> <p>If on a trial for murder the evidence discloses that the Christian name of the deceased is erroneously written in the indictment, the oourt, upon motion of the district attorney, may order it amended by substituting the real Christian name, and the trial should proceed, unless the amendment causes surprise and consequent prejudice to the defendant.</p> <p>2. Murder. Evidence. Motive.</p> <p>Where one accused of murder admits the killing, but claims that it was in self defense, the fact that during the eleven days intervening between the mysterious disappearance of the deceased and the finding of his body the accused cohabited with the wife of the deceased, and on four nights slept with her, may properly be given in evidence, as tending both to show a motive and to fix the guilt upon the accused.</p> <p>3. Same. Evidence. Incriminating statements to accused not denied. Motive.</p> <p>On such trial a state witness swore that the wife of deceased stated to the accused, in the presence of witnesses, that he, the accused, had killed her husband ; that he had told her he had killed him, and would kill her also, if she disclosed it; that he loved her and would take care of her ; and that the accused replied that he would tell what he had to say at the magistrate’s court. Held, such statements were competent as incriminating charges made in the presence of and directed to the defendant and not denied, and as tending to show a motive for the crime.</p> <p>4. Evidence. 'Statements of accused before committing court; when admissible. Parol testimony.</p> <p>If the voluntary statement of the accused, made in the committing court, was hot reduced to writing, the state, on the trial in the circuit court, may prove such statement by the parol testimony of those who heard it.</p>