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141 Miss. 630

106 So 817

Smith v. State

Mississippi Supreme Court

Decided February 8, 1926

Mississippi Supreme Court · decided 1926-02-08

Relies on Richardson v. State

Decided 1926-02-08

Anderson, J.,

¶1 delivered the opinion of the court.

¶2 The trial court erred in ruling out the testimony of the witness Ellen Moore. Richardson v. State, 100 Miss. 514, 56 So. 454. The admissions made to her by the child claimed to have been ravished tended to account for the physical condition of the child found by the examing physicians. We think the ruling out of this testimony denied appellant of a substantial right. It was harmful.

¶3 We are of opinion that no other reversible error was committed in the trial of the cause.

¶4 Reversed and remanded.

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