Harris v. State

Decided October 15, 1912

Mississippi Supreme Court · decided 1912-10-15

Appear, from the circuit court of Hancock county. Hon. J. J. Baulenger, Special Judge. Louis Harris was convicted of subornation of perjury and appeals. The facts are fully stated in the opinion of the court. The third error assigned is, the court erred in refusing to exclude all of the testimony of the witness Fayard, because he testified that he swore at a previous trial that he did not remember whether he bought the liquor from Harris within two years.

Decided 1912-10-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2This is an appeal from a' conviction of subornation of perjury. The indictment alleged that the false testimony delivered by the witness- alleged to have been suborned was that he ‘.‘had not bought intoxicating liquors from the said Lewis Harris, in said county and state, within two years from the finding of said indictment.” According to the evidence, in which there is no material conflict, what the witness said on the former trial was that he had purchased intoxicating liquors from Harris, but could not remember whether he purchased it more or less than two years prior to the finding of the indictment. Consequently there was a fatal variance in the allegation of the indictment and the proof. Willoughby v. State, 57 South. 361.

¶3Reversed and remanded.