De Silva v. State, 45 So. 611

De Silva v. State

45 So. 611

| Miss. | 1907

Whitfield, C. J.,

delivered the opinion of the court.

The court should not have excluded the cards. They were the cause of the whole trouble.

It was fatal error to refuse instruction No. 3 asked for the defendant. It is true that it was a disputed matter whether all that Madame De Silva did was to present Mrs. Harvey, prosecutrix, with the cards, telling her to take them; but the *779testimony of the defendant supports this fully, and she had the right to have an instruction presenting her theory of the case to the jury.

Reversed and remanded.