Hughes v. State

Mississippi Supreme Court
Hughes v. State, 58 Miss. 355 (Miss. 1880)
George

Hughes v. State

Opinion of the Court

George, J.,

delivered the opinion of the court.

The appellants were convicted of burglary, upon the testimony alone of an accomplice, who was wholly uncorroborated. We would not set aside the verdict for this reason, as it was the province of the jury to determine upon the weight and credibility of the evidence. In such a case, however, if there be any error of the court which might have conduced to the result, our plain duty is to grant a new trial. Such an error exists in this case. The sole witness against the accused was contradicted in important particulars by other witnesses, and confessed, also, that in a former trial he had wilfully sworn falsely. Under these circumstances, the admission of illegal evidence which tended to support his credibility was a material error. The testimony of Mosby and Stout as to the former statements of this witness, and as to what was found in consequence of what he said, was illegal; and, as it tended’ to support the credibility of the witness, was materially injurious to the accused.

For the admission of this evidence, the judgment is reversed and a new trial granted.

Reference

Full Case Name
Morgan Hughes and Alexander Gilliam v. State
Status
Published
Syllabus
Criminal Law. Testimony of an accomplice. Supported by incompetent evidence. H. and G. were convicted of burglary, upon the uncorroborated testimony alone of C., an accomplice, who was contradicted by other witnesses in important particulars, and who admitted in evidence that he had sworn falsely in a former trial. 0. testified that the crime was committed by H. and &., with himself and J., the latter not being on trial. M. and S. were permitted to testify, for the State, that C. told them, soon after the burglary occurred, where J. had hidden some of the articles obtained from the house broken open, and that they found the same at the place indicated by C. This testimony was admitted over the objection of the defendants, and the}' excepted. Held, that, in the circumstances of the case, the admission of the testimony of M. and S., which was incompetent evidence, and tended to support the credibility of 0., was a material error.