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107 Miss. 427

Rouse v. State

Mississippi Supreme Court

Decided March 15, 1914

Mississippi Supreme Court · decided 1914-03-15

Hon. J. I. Bailengeb., Judge. W. Rouse was convicted of unlawful retailing, and appeals. The facts are fully stated in the opinion of the court. The record shows that the only witness giving testimony that would have any hearing on the case at all, was Edward Saucier, and his testimony is not positive.

Good law ✅— No negative treatment on recordhow we know

Decided 1914-03-15

How this case has been cited

Cited by 6 later decisions — most recently August 2018

6 state decisions

2019141920193019401950196019701980199020002010decided

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.

¶2Appellant was convicted on a charge of selling intoxicating liquors. The only witness for the state testifying *429to the sale of liquor was one Edward Saucier. This witness said he had a “little interest” in the case, and in response to the question, “What'did that consist of?” he replied, “The grand jury last year found a bill against me for selling whisky, and I' turned it up that I got the whisky from Mr. Rouse.” • Counsel for defendant asked the witness this question, “Haven’t you an understanding, if yon will testify against Mr. Rouse, you will not be prosecuted?” To this question the district attorney objected, and the court sustained the objection and would not permit the witness to answer.

¶3It is elementary law that a witness may be examined as to his bias or interest in the case in which he is testifying. It was certainly pertinent to inquire into the motives of the witness for the state, especially as the defendant testifying denied that he had sold whisky to the state’s witness. It does not.appear upon what grounds the objection to the question was based — merely an objection to the question and a ruling of the court sustaining same. . :

¶4The court erred in its ruling, whatever may have been its reasons for same, and the case will be reversed and remanded.

¶5Reversed and remanded.

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