Davis v. State

Mississippi Supreme Court
Davis v. State, 90 Miss. 56 (Miss. 1907)
43 So. 81
Calhoon

Davis v. State

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

This was a conviction of perjury, based on testimony of appellant on the trial of one Simpson Barry before a justice of the peace. On the trial of appellant for the alleged perjury in the circuit court, the justice of the peace, as a witness for the state, was permitted, over objection and exception, to testify what the charge was for which Barry was on trial before *58him. It was fatal error to admit oral testimony of this. The record itself was the only proper evidence. Whittle v. State, 79 Miss., 327; 30 South., 722; State v. Ireland (Miss.), 42 South., 797.

We decide nothing else in this case now.

Reversed and remanded.

Reference

Full Case Name
Scipio Davis v. State of Mississippi
Status
Published
Syllabus
Criminal Law and Procedure. Evidence. Best evidence. In a trial for perjury, charged to have been committed before a justice of the peace court in the trial of one charged with crime, it is incompetent to prove by the justice of the peace the contents of the affidavit on which the prosecution before him was based; the record being the best evidence.