Lloyd v. State

Mississippi Supreme Court
Lloyd v. State, 70 Miss. 251 (Miss. 1892)
Cooper

Lloyd v. State

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

The court erred in admitting evidence of what the injured person, Green Lloyd, said to his wife and mother-in-law when they first reached him after he had been shot, as to who . had shot him. It was not a part of the res gestae. Mayes v. State, 64 Miss., 329.

Judgment reversed, and a new trial awarded.

Reference

Full Case Name
Sherman Lloyd v. State
Status
Published
Syllabus
Evidence. Declarations. Mes gestee. On a trial for assault with, intent to murder, it is error to admit, as part of the res gestee, the statement of the prosecuting witness as to who shot him, made in the absence of his supposed assailant, the accused, to persons who reached him a few minutes after he was wounded. Meiyes v. State, 04 Miss., 329.