Myers v. State

Mississippi Supreme Court
Myers v. State, 99 Miss. 263 (Miss. 1911)
54 So. 849
Smith

Myers v. State

Opinion of the Court

Smith, J.,

delivered the opinion of the court.

Appellant was indicted for arid convicted of the crime of manslaughter. The evidence as to his guilt was conflicting. The homicide occurred on one of the trains of the Gulf •& Ship Island Railroad Company, while, according to the evidence of appellant, he and another were attempting to prevent the deceased from disturbing the peace of' the other passengers on the train.

While the state was introducing its evidence in chief, one of the witnesses on cross-examination was asked by counsel for appellant the following question: “Do you *266know whether oi\not lie (meaning appellant) was a person who was authorized and commanded by the conductor to help keep the peace?” In sustaining an objection to this question, the trial judge, unintentionally, we presume, indicated to the jury that in his opinion appellant was guilty as charged, by using the following language: “I will sustain that because, if he had been a sheriff or governor, he could not have shot this man down under circumstances like that.”

For this error, the judgment of the court below must be, and is, reversed, and the cause remanded.

Reversed and remanded.

Reference

Full Case Name
Ed. Myers v. State
Cited By
11 cases
Status
Published
Syllabus
CriminAn Law. Judge. Improper remarles. In the trial of a homicide case a witness for the state was asked on cross-examination: “Do you know whether or not accused was . a-person who was authorized and commanded by the conductor to help keep peace.” On sustaining the objection of the state’s attorney to this .question the trial judge said: “I will sustain that because, if he had been a sheriff or governor he could not have shot this man down under circumstances like that;” this was reversible error, because it indicated to the jury that in the opinion of the judge accused was guilty as charged.