Cunningham v. State
Mississippi Supreme Court
Cunningham v. State, 89 Miss. 356 (Miss. 1906)
42 So. 172
Calhoon
Cunningham v. State
Opinion of the Court
delivered tbe opinion of tbe court.
Tbe gist of tbe defense was malice, and threats by Stacy, tbe man assaulted, to throw light on tbe question as to who was tbe aggressor. To rebut this tbe state recalled Stacy to show that defendant bad spent four nights with him just before this shooting and was well cared for. Tbe court then refused to permit tbe defendant to introduce testimony to show tbat this was not true. This we think was error-
Reversed and remanded.
Reference
- Full Case Name
- Daniel Cunningham v. State of Mississippi
- Status
- Published
- Syllabus
- Criminal Law. Evidence. Retutal. Where, on a trial for assault with intent to kill, the state to rebut the defense of malice and threats by the prosecutor, on the issue as to who was the aggressor, showed that the accused had spent four nights with the prosecutor just before the assault, and was well cared for, it was error to refuse to permit the accused to introduce testimony to show that this was not true, although the witness offered had been constantly in the court room during the trial, and was not excluded under the rule with other witnesses.