Lohrey v. State
Lohrey v. State
Opinion of the Court
delivered tbe opinion of tbe court.
This case has heretofore been affirmed without writing. A suggestion of error is filed, which seems to insist that tbe court should write when the statute does not require it. Accordingly, out of deference to counsel, we do write.
During the trial appellant, being on the stand, was asked what he did with the money while he was in the house, and answered that he showed it to two women, and also testified that a woman and another man invited him to go to another house, and he said this woman was in Mobile, and he had tried by telephone to get her present in court as a witness. All this was given without objection. It will be noted that no application had been made for a continuance, and no explanation of where the other man was, or who he was, and it appears that the woman, not named, who invited him to go to another house was in Mobile, and he testified that he showed the money to them. He was then asked, which is the exact point, why he showed it to them. Thereupon the jury was retired, and we have the following words in the record: “ Jury retired, and counsel for defendant states he expects to prove by the witness
If there was any proper basis for the objection to the ruling of the'court as mentioned, it is clear that it was cured by testimony previously and subsequently given. But the ruling of the court was correct. His explanation of his recent possession by verbal act was not made until after denial and the motive to concoct a story arose. Explanation of possession should come promptly, when it was natural that the accused should speak; otherwise, what he told others or they told him is clearly incompetent. It will not do to admit conversations to support a story so easily fabricated under the circumstances. It is inconceivable that an innocent man would first deny having the money, and then stand and see the room searched, and stand and see a woman searched, and then be permitted, after he himself was searched, and the three twenty dollar bills found concealed about his person, to introduce testimony of his conversation with others.
Suggestion of error overruled.
Reference
- Full Case Name
- Charles Lohrey v. State of Mississippi
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminal Law and Procedure. Larceny. Possession of stolen property. Evidence. Explanations. Where a defendant, having stolen property' concealed on his person, denied its possession and silently witnessed an officer search a room and another person for it, he has no right to testify in explanation of his possession what he afterwards told others or they told him.