Chatman v. State
Mississippi Supreme Court
Chatman v. State, 102 Miss. 179 (Miss. 1912)
59 So. 8
Smith
Chatman v. State
Opinion of the Court
delivered the opinion of the court.
Appellant was the only witness who testified in her behalf in the court below, and her evidence, if believed by the jury to be true, entitle her to an acquittal. Consequently, as held by this court in Smith v. State, 90 Miss. 111, 43 South. 465, 122 Am. St. Rep. 313, and Gaines v. State, 48 South. 182, the granting of the second instruction requested on behalf of the- state was fatal error.
Reversed and remanded.
Reference
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- Missie Chatman v. State
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- Syllabus
- Ceiminal Law. Instructions. Credibility of accused. Where the defendant in a criminal case was the only witness who testified in her behalf and her testimony, if believed, entitled her to an acquittal, it was reversible error for the court to grant an instruction for the state that in determining what credence to be given to the testimony of any witness the jury might consider the interest of such witness in the subject matter and interest, if any, in the result of the trial.