133 So. 681 | Miss. | 1931
The appellant was jointly indicted with Harry Smith and Orvil Herrington for the murder of one Walter Harrison. He was placed upon trial and convicted of manslaughter and given a sentence of ten years in the state penitentiary.
It will be unnecessary to set out the facts of the case, but it is sufficient to say that a careful examination of the evidence shows that the jury were warranted in returning the verdict that was returned. The instructions complained of constitute no reversible error, but, in fact, are the instructions very usually given in murder trials. Grover Smith, the appellant, had testified on the trial of Harry Smith, his brother, who had been tried prior to the entering upon this trial, testifying as a witness for the defense. When the state offered this evidence, an objection was made, but the circumstances under which the testimony was offered in the previous trial were not stated in the objection or developed at the time the evidence was offered. The state proved by the stenographer who took the testimony at the former trial that Grover Smith voluntarily testified as a witness in that case, and circumstances under which it was done were not further developed either by the state or the defendant.
In Josephine v. State,
In Jackson v. State,
In Farkas v. State,
These cases were cases where the evidence objected to was offered by the state, and the defendant was used as a witness by the state.
In Hill v. State,
In Steele v. State,
In Cooper v. State,
It will be seen from a reading of these authorities that, if the testimony is given under compulsion of an oath, it is not to be admitted as against the defendant charged with crime, but, if he voluntarily testifies, his testimony is admissible against him in a subsequent trial for the offense. We do not now decide whether testimony of a defendant who had testified for a codefendant under compulsion of court process and not voluntarily and without information as to his rights to decline to testify would be admissible or not. In the case in
We find no reversible error in the case, and the judgment is therefore affirmed. Affirmed.