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102 Miss. 174

Jefferson v. State

Mississippi Supreme Court

Decided March 15, 1912

Mississippi Supreme Court · decided 1912-03-15

.Appeal from the circuit court of Marion county. Eon. A. E. Weathersby, Judge. •June Jefferson was convicted of unlawful retailing and appeals. Held: and properly so, that the offer was not limited to the particular trait involved in the nature of the charge against the defendant. In the case at bar, the defendant was being prosecuted for selling liquors and the inquiry was as to his general reputation for the sale of liquors.

Relies on Westbrooks v. State

Decided 1912-03-15

Whitfield, C.

¶1It was manifest error on the part of the court to exclude the testimony offered to show the good character of the defendant, as related to the particular crime with which he was charged. In the case of Westbrooks v. State, 76 Miss. 710, 25 South. 491, this court said: “Evidence of general character is admissible in criminal cases; but the evidence relating to such general character should be confined to the proper trait involved in the nature of the charge against the defendant.” This is precisely what the counsel for defendant carefully limited this evidence of good character to, and it should have been received. The only witness against the defendant was a self-confessed blind tiger liquor seller, who was then serving a term on the county farm for the same, alleged offense.

¶2Under these circumstances, this error is fatal.

Per Curiam.

¶3The above opinion is adopted as the opinion of the court, and for the reasons therein indicated the judgment is reversed, and the cause remanded.

¶4Reversed and remanded.

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