Nelson v. State

Citations

• 61 Miss. 212

Syllabus

<p>1. CbiminaIí Procbdueb. Instructions. Waiver of error.</p> <p>Instructions for tlie State in a capital case will not be considered by the appellate court, unless objected to when given or made grounds for a motion for a new trial.</p> <p>2. Same. Oaring an erroneous charge by good ones.</p> <p>An erroneous charge for the prosecution will not cause the reversal of a death sentence if the instructions for the accused so clearly explain the law that the jury cannot be misled.</p> <p>3. Same. Evidence. Relevancy disclosed, after exclusion.</p> <p>A State’s witness cannot be asked by the accused the feeling between him and his wife, whom, the testimony shows that he murdered, but after his evidence discloses that her death was accidental he may re-introduce the witness.</p> <p>4. Same. Introduction of testimony. Waiver of right to re-examine.</p> <p>If the defendant fails to ask leave to re-examine the State’s witness in order to repeat the question, he cannot, after being convicted of murder, successfully assail the verdict because of the refusal.to permit the question at the earlier stage of the trial.</p>