Scott v. State

Citations

• 92 Miss. 833
• 46 So. 251

Syllabus

<p>Cbiminal Law and Procedure. Witnesses. Impeachment. Preliminary trial. Conservator of the peace. Code 1906. Failure to authorize the talcing of testimony in writing.</p> <p>■Where on the trial of a murder ease in the circuit court, the defendant, in order to contradict a witness who had testified on both trials, offered to read in evidence a transcript of the entire proceeding, including the testimony of several witnesses besides the one in question, taken down in writing by the conservator of the peace upon a preliminary trial of the accused, the homicide having been committed after the Code 1906 became operative, it was not error to sustain the state’s objections, since only that part of the transcript containing the testimony of the witness sought to be impeached was pertinent; and the Code 1906 contains no provision, as did the Code of 1892, empowering conservators of the peace, to reduce to writing the testimony of witnesses heard by them on a preliminary trial.</p>