Chambers v. State
Mississippi Supreme Court
Chambers v. State, 62 Miss. 108 (Miss. 1884)
Campbell
Chambers v. State
Opinion of the Court
delivered the opinion of the court.
It is admissible for the defendant on trial for larceny to introduce any evidence to show that he came into possession of the property honestly, and evidence to show that he was misled by the statements of another is not hearsay, but primary.
“ Where the question is whether the party acted prudently, wisely, or in good faith, the information on which he acted, whether true or false, is original and material evidence.” 1 Greenleaf on Ev., § 101.
Judgment reversed and cause remanded for a new trial.
Reference
- Full Case Name
- Oscar Chambers v. State
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Larceny. Possession of stolen property explained- Evidence of eonvei'sations. On the trial of an indictment for larceny it is competent for the accused to prove conversations, in which, he participated or which occurred in his presence, tending to show that he was induced to take possession of the property alleged to have been stolen as the agent for one whom he believed to be the owner thereof. 2. Same. Conversations, when not hearsay. Such conversations are not hearsay, but original and material evidence. 1 Greene on Ev., $ 101, cited.