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105 Miss. 539

Lee v. State

Mississippi Supreme Court

Decided March 15, 1913

Mississippi Supreme Court · decided 1913-03-15

HoN. T. B. WatkiNS, Judge. Rosa Lee was convicted of perjury and appeals. The facts are fully stated in the opinion of the court. One instruction was asked and given for the state, and it is respectfully submitted that this instruction was erroneous.

Good law ✅— No negative treatment on recordhow we know

Decided 1913-03-15

How this case has been cited

Cited by 4 later decisions — most recently November 1987

4 state decisions

1019131920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cook, J.,

¶1delivered the opinion of the court.

¶2From a conviction for the crime of perjury this apr peal is prosecuted. A careful search of the record fails-to discover any evidence tending to corroborate the evidence of the one witness testifying against appellant. It is true that much evidence was given to show that *543the statement of the state’s witness, if made, was false in fact. The state thus succeeded in proving that its witness had lied to appellant, if he told her what she swore he did tell her; but none of this evidence proved, or tended to prove, the falsity of appellant’s testimony at the former trial.

¶3The issue was: Did the state’s witness say what appellant swore he said? The witness testified that he did not, and his testimony was offset by appellant’s testimony; and in order to make out its case the state was bound to produce a witness or corroborating circumstances to aid the evidence of its witness. This was not done.

¶4Reversed and remanded.

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