Pringle v. State

Citations

• 108 Miss. 802
• 67 So. 455

Syllabus

<p>1. Witness. Gross-examination. Criminal law. Evidence, Confessions. Preliminary proof. .Incriminatory letter. Evidence wrongfully obtained. Judges. Qualifications. Right to object.</p> <p>Where a defendant, on cross-examination of a state witness, asked him if he had not been drinking a good deal on the day he testified, and on receiving a negative answer, further asked him if he was -not pretty nearly drunk right now, which question was-resented by the witness, but not answered, and on being repeated waá answered in the negative, and thereupon the court refused to, allow the defendant to pursue the subject further, the defendant was not prejudiced by such refusal by the court.</p> <p>2; Criminal Law-. Evidence. Confessions. Preliminary proof.</p> <p>While it is safer for the trial judge to ascertain that confession; obtained from prisoners were made without hope of reward, or fear of punishment, as a condition precedent to the admission of the testimony, yet where it is manifest that the witness has-, 'told all that was said and all that occurred, and his testimony shows that the confession of the accused was free and voluntary, there is no reason to reject the evidence because the precise formula was not observed in advance of the admission of the--1' evidence.</p> <p>3. . Criminal Law. Evidence wrongfully obtained. Incriminatory-letter.</p> <p>Evidence against one accused of crime is not inadmissible because it has been wrongfully obtained and an incriminating letter-wrongfully obtained by a constable searching the body of a prisoner is not inadmissible on that account.</p> <p>4. Criminal Law. Evidence. Confession.</p> <p>A “confession” is a voluntary statement of the accused acknowledging that he is guilty of the crime charged. It is a voluntary-declaration of his agency or participation in the crime. When a persort charged with crime only admits certain facts from which, guilt may be inferred, this will not amount to a confession,</p> <p>5. Judges. Qualifica