McClelland v. State
McClelland v. State
Opinion of the Court
delivered the opinion of the court.
The appellant, McClelland, was convicted or robbery, and appeals to this court.
Witnesses Dunn and his wife were not asked whether the former had been charged with any crime, but whether he had been charged jointly with the appellant with the specific crime for which the latter was being tried. The evident purpose of the inquiry was to show the interest of these witnesses in the result of the trial — their credibility. To illustrate: Even though discharged by the
The weight to be given such testimony is for the jury. It may have much, little, or none, according to the evidence of each case. By the express language of the statute a witness “may be examined touching his interest in the cause.” This clause of the statute is merely declaratory of the common law. It is a broad field of inquiry. The testimony in controversy clearly comes within the statute.
Whether it was competent to make this proof by any other testimony than the admission of the witness, except by the record of the committing court, is not presented. Only the relevancy of Mrs. Dunn’s testimony is argued, and not its competency. But, conceding its incompetency, it was without harm to appellant, because the fact was not questioned; proof of it having been properly made by the husband. Affirmed.
Reference
- Full Case Name
- Sam McClelland v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Criminal Law. Code 1906, section 1923. Witnesses. Interest. Under Code 1906, § 1923, authorizing the examination of any witness touching his interest, etc., where a husband and wife are introduced as witnesses for accused, the state may prove, to show the interest of the witnesses, that the husband had been jointly charged before the committing magistrate with the crime for which the accused is being tried and had been discharged. 2. Same. That clause of Code 1906, § 1923, providing that a witness may be examined touching his interest, etc., is simply declaratory of the common law. 3. Harmless Error. Evidence. Where an undisputed fact had already been proven by a competent witness, the fact that an incompetent witness testifies to the same fact is harmless error.