Scott v. State

Citations

• 80 Miss. 197

Syllabus

<p>1. Criminal Law. Continuance. Sick witnes. Wife of defendant.</p> <p>A defendant in a murder ease is entitled to a first continuance of the case because of the absence of a material witness residing within a short distance of the place of trial, who has been duly subpoenaed, but is not amenable to compulsory process because of her illness, although the witness be defendant’s wife.</p> <p>2. Same. Affidavit of what witness would swea/r.</p> <p>Error in disallowing a continuance in a criminal ease because of the absence of a witness is not cured by permitting defendant to read in evidence an affidavit averring what the witness would swear if present. •</p> <p>3. Same. Improper argument to jury.</p> <p>It is improper for a prosecuting attorney to comment in argument to the jury upon the absence, as a witness,' of defendant’s wife, who is shown by defendant's uncontradicted affidavit to be too unwell to attend court, in such a way as to intimate that the affidavit is untrue.</p>