Jeffries v. State
Mississippi Supreme Court
Jeffries v. State, 89 Miss. 643 (Miss. 1906)
42 So. 801
Calhoon
Jeffries v. State
Opinion of the Court
delivered the opinion of the court.
. While we would not, for this only, in this case, reverse for the refusal to give the twelfth charge asked by appellant, still we think it should have been given.
It was reversible error to admit the testimony that John Jeffries took the assaulted girl to Tennessee to prevent her presence as a witness. The accused is not shown to have been privy to this, or even to have had any knowledge of it.
Reversed and remanded.
Reference
- Full Case Name
- William Jeffries v. State of Mississippi
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- •Criminal Law and Procedure. Rape. Instructions. Evidence. Suppression of. In a prosecution for rape it is error: (a)'To deny defendant a requested instruction, there being evidence of which to predicate it, to the effect that if the jury believed that there might be some man other than defendant who committed the crime, it was not required of defendant to show the name of such man; and (b) To admit testimony of the statements of the prosecutrix made in the absence of defendant the day after the crime was perpetrated ; and (e) To admit testimony showing that defendant’s brother carried the prosecutrix out of the state just before a preceding term of the court to prevent her testifying against defendant, in the absence of all evidence connecting defendant therewith.'