Irving v. State
Mississippi Supreme Court
Irving v. State, 92 Miss. 662 (Miss. 1908)
47 So. 518
Fletcher, Took, Whitfield
Irving v. State
Opinion of the Court
delivered the opinion, of the court.
It was fatal error to admit the statements said to have been made by appellant’s mother out of the appellant’s presence to Weeks, one of the searching party, to the effect that defendant came to her house about one o’clock on the night in question. We are not'prepared to say that it is affirmatively shown with the clearness required in criminal cases that this statement was
It is to be specially noted that the appellant did not himself state at what time he came home, and time was the one vital thing involved. We decide no other error assigned at this time.
Reversed and remanded.
Reference
- Full Case Name
- Victor Irving v. State of Mississippi
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Evidence. Statements of others, not denied. The failure of the accused to deny a statement of another cannot he used in evidence against him unless it he affirmatively shown with clearness that it was made in his hearing. 2. Same. In another room. Case. Where, on a trial for burglary, the time at which the accused reached home on the night in question was a' vital issue, the admission in evidence of his mother’s statements on that sub ject, made when he was in another room, was erroneous.