Moorman v. State

Citations

• 109 Miss. 848
• 69 So. 1000

Syllabus

<p>1. Homicide. Evidence. Admissibility. Appeal. Harmless error. Trial.</p> <p>In the trial of a case of homicide where the theory of the defense was that deceased was the aggressor and where accused testified that deceased threatened him when he was found in the house of deceased’s mistress, and that after his escape from the house, deceased drew him into a quiet place and again threatened to kill him, evidence of deceased’s relations with the woman tending to show a reason for his jealousy was admissible.</p> <p>2. Homicide. Appeal. Harmless error.</p> <p>Where prosecuting counsel, when called as a witness, volunteered a hearsay statement that the woman in the case was accused’s mistress, the failure of the court to exclude such statement on objection was prejudicial to accused.</p> <p>3. Cbiminal Law. Trial.</p> <p>It was improper for the prosecuting attorney in a trial for murder to use the son of deceased as a model to show the jury how the wounds were inflicted, since this would tend to unduly arouse the sympathy of the jury for the family of deceased.</p>