Brewer v. Mullins

Mississippi Supreme Court
Brewer v. Mullins, 97 Miss. 353 (Miss. 1910)
52 So. 257
Anderson

Brewer v. Mullins

Opinion of the Court

Anderson, J.,

after stating the facts as above, delivered the opinion of the court.

The court erred in permitting testimony to uphold the character of the witness Mullins for truth and veracity, when it had *355not been directly assailed. It was not an issue before the jury, and could not be made one, except by bis adversary attacking it in the manner laid down by law. The issue of fact before the jury seems to have been about evenly balanced. Under these circumstances, such testimony probably had influential weight with the jury.

Reversed- and remanded.

Reference

Full Case Name
Richard Brewer v. Winfield S. Mullins
Cited By
5 cases
Status
Published
Syllabus
Witnesses. Unimpeached. Testimony laudatory of. Truth and veracity. Harmless error, when not. Testimony laudatory of the character of a witness for truth and veracity is not admissible where the witness ‘has not heen assailed, and error in its admission cannot be adjudged harmless where the evidence on the real issue in the case was so evenly balanced that it may have influenced the verdict.