Mississippi Supreme Court, 1907

Davis v. State

Davis v. State
Mississippi Supreme Court · Decided March 15, 1907 · Calhoon
90 Miss. 56; 43 So. 81

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.

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