Talkington v. State
Mississippi Supreme Court
Talkington v. State, 87 Miss. 510 (Miss. 1905)
40 So. 163
Whitfield
Talkington v. State
Opinion of the Court
delivered the opinion of the court.
It was manifest and fatal error to permit the witness — Dr. Williams — to detail the conversation which he had with the father of the girl as to whether he (the father) wanted to prosecute the case, etc. Dr. Williams testified that he asked “the father what he proposed to do about it,” and he said: “Doctor, I don’t know, sir; I will just have to drop it; I am a negro, and he is a white man, and I don’t want any trouble.” The necessary and direct effect of this hearsay testimony was to inject race prejudice into the jury box.
Reversed and remanded.
Reference
- Full Case Name
- Edward Talkington v. State of Mississippi
- Status
- Published
- Syllabus
- Criminal Law. Evidence. Hearsay. Race prejudice. Assault with intent to rape. The conviction of a white boy, for an assault and battery with intent to rape a negro girl, will be reversed because of the introduction, over defendant’s objection, of hearsay testimony, calculated to inject race prejudice into the ease.