Sherrod v. State

Citations

• 90 Miss. 856
• 44 So. 813

Syllabus

<p>1. Criminal Law and Procedure. Indictment. Demurrer. Waiver. Supreme court practice.</p> <p>On appeal to the supreme court a demurrer to an indictment will be treated as waived or withdrawn, in the absence of all record evidence of its having been otherwise disposed of in the court below.</p> <p>2. Same. Forgery. Evidence. Witnesses. Contradiction.</p> <p>In a prosecution for forging a promissory note, the defense being that the note was genuine and 'given for money loaned by defendant, if the prosecutrix be permitted to testify, it appearing that she received from defendant a sum of money equal to the amount of the note, that as an officer of an insurance company defendant collected an insurance policy for a greater sum on the life of her deceased husband and that the money received was a partial payment on that account, it will be error to refuse defendant’s offer to show (a) that he was not an officer of the insurance company, (b) had ne'ver made collection of the insurance mentioned, and (c) that nothing was ever due on the policy, it having lapsed before the death of the insured.</p> <p>3. Same.</p> <p>Where in such case the prosecutrix testified that defendant was indebted to her, the defendant, being a witness in his own behalf, should not be prohibited from testifying that he was not so indebted.</p> <p>4. Same.</p> <p>Where in such a prosecution for forgery- the prosecutrix testified that she was not indebted to defendant but that he was indebted to her on the proceeds of insurance on the life of her deceased husband, it was error, proper predicate having been laid, to refuse to allow defendant to show that she had stated that her husband failed to pay premiums and the policy had lapsed before his death and that he owed defendant the amount of the note.</p>