Mississippi Supreme Court, 1907

De Silva v. State

Mississippi Supreme Court · Decided October 15, 1907 · Whitfield

91 Miss. 776; 45 So. 611

Cases that cite this one

7 later published cases cite this decision.

Ousley v. State (Miss. Ct. App. 2007)
Morris v. State (Miss. 2000)
Jontae Morris v. State of Mississippi (Miss. 1998)
Nicholson on Behalf of Gollott v. State (Miss. 1996)
Gail D. Nicholson v. State of Mississippi (Miss. 1991)
Young v. State (Miss. 1984)
Waldrop v. State (Miss. 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Whitfield, C. J.,

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 *779testimony of the defendant supports this fully, and she had the right to have an instruction presenting her theory of the case to the jury.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.