Wingo v. State

Citations

• 62 Miss. 311

Syllabus

<p>1. Criminal Practice. Limitation of argument. Lights of accused. Gase xn judgment.</p> <p>Where in the trial of an indictment for arson twelve witnesses are examined, seven for the State and five for the accused, and the evidence is circumstantial and conflicting, it is error for the court to limit the argument for the defendant, he being represented by two counsel, to one hour, because such limitation may operate as an abridgment of the right of the accused, guaranteed to him by the seventh section of the Bill of Bights of the constitution, “to be heard by himself or counsel or both;” and it is a good ground for reversal of a judgment of conviction in such case.</p> <p>2. Same. Light of accused to make full defense. Power of court to limit argument.</p> <p>The accused in a criminal trial has the right to the time necessary for making his defense fully and fairly, and the trial-court has the power to prevent the abuse of such right of defense by limiting the argument within reasonable bounds, but it should be exercised with prudence and caution, and the court should be too liberal, rather than unjust, to the accused.</p>