De Silva v. State
Mississippi Supreme Court
De Silva v. State, 91 Miss. 776 (Miss. 1907)
45 So. 611
Whitfield
De Silva v. State
Opinion of the Court
delivered the opinion of the court.
The court should not have excluded the cards. They were the cause of the whole trouble.
It was fatal error to refuse instruction No. 3 asked for the defendant. It is true that it was a disputed matter whether all that Madame De Silva did was to present Mrs. Harvey, prosecutrix, with the cards, telling her to take them; but the
Reversed and remanded.
Reference
- Full Case Name
- Sarah De Silva v. State of Mississippi
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Assault and battery. Evidence. Cause of trouble. In a prosecution for assault and battery; the difficulty having arisen from defendant’s presenting several obscene postal cards received by her daughter and charging that the prosecutrix sent them, it was error to exclude the cards as evidence since they were the cause of the trouble. 2. /Same. Instruction. In such case, there being testimony of which to predicate it, a defendant’s instruction announcing that defendant’s presenting the cards to prosecutrix and telling her to take them did not authorize her to strike defendant should not have been refused.