Shaw v. State

Citations

• 79 Miss. 21

Syllabus

<p>1. CRIMINAL Law. Conference with witnesses. Right of accused.</p> <p>It is error on the trial of an accused person to deny him the right to confer with his witnesses, although they may he under the rule.</p> <p>2. Instructions. Reasonable doubt. Material fact.</p> <p>An instruction asked by the accused in a murder trial predicated of a reasonable doubt of his guilt arising out of any part of the evidence, should not be so modified as to relate by its terms only to such reasonable doubt “as to a material fact” arising out of any part of the evidence, since immaterial evidence should be excluded, and the jury cannot be required to pass upon the materialty of evidence.</p> <p>3. Evidence. Threats.</p> <p>• It is error to admit evidence that one on trial for murder made threats seven or eight months before the killing against the brother of the accused.</p>