Appellant, Willie Sanders, was convicted in the Circuit Court of Warren County of manslaughter, for the killing of Jimmie Lee Carter, and was sentenced to serve ten years in the penitentiary. There were several witnesses for thе State who saw Sanders shoot him, and *775 the conviction was amply supported by the evidence. The prinсipal defense was insanity, which was submitted to the jury. However, we have concluded that the case must be rеversed and remanded,, because of an erroneous denial by the trial court of defendant’s motion that the State produce a tape recording of defendant’s confession.
Sheriff P. T. Hullum testified as a witness for the State. In the absence of the jury, on preliminary examination, Hullum' said he was present with the district attorney and county attorney at a “conference” they had with defendant either on the day of the killing or the fоllowing day. He stated on- that occasion Sanders confessed that he had shot and killed Carter. The sheriff mаde no written notes of the confession, but he said he remembered the details of it well, although he conсeded that he could not remember every item. ' The county attorney made a transcription of this cоnference with defendant, at which he allegedly gave a confession, on a recording machine, apparently a tape recording. This transcription was made for the investigative purposes of the county attorney. Defendant’s counsel then moved the court to require the State to produce the recording of the defendant’s confession, in order that defendant might use it in cross-examination of the sheriff, аnd possibly as evidence. The circuit court overruled that motion. Thereafter the jury returned to the cоurtroom, and the sheriff testified concerning his recollection of defendant’s oral confession, given аt the recorded interview.
There was no error in admitting into evidence the testimony of the sheriff with referenсe to defendant’s oral confession. The evidence showed it was free and voluntary. Oral testimony showing the circumstances of an extrajudicial confession, as well as a signed written confession, is admissible as primary evidence. Tyler v. State,
*776
On the other hand, a transcription or tape recording was made of the entire conference or interview with defendant during which he made his confession. When properly authenticated, a tape recording of an accused’s confession is admissible in evidence. Ray v. Statе,
In other words, the accused is entitled to examine and put in evidence all that was said to and by him at the timе which bears upon the subject of the controversy, including any exculpatory or self-serving declaratiоns connected with it. 20 Am. Jur., Evidence, Sec. 488. Where the State introduces a part only, the accused is entitled to prove the remainder or any part
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thereof which is explanatory of, or connected with, thе part offered by the State. 22 C. J. S., Criminal Law, Sec. 820; Bishop v. State,
Since this decision is based upon an established rule of evidence pertaining to сonfessions, it is not necessary for us to consider the pertinency of Miss. Code 1942, Sec. 1659, dealing with the produсtion of documents, “objects, or tangible things.” See Jones v. State,
supra;
Eaton v. State,
Reversed and remanded.
