Chambers v. State

Decided October 15, 1884

Mississippi Supreme Court · decided 1884-10-15

Hon. T. J. Wharton, Judge. Oscar Chambers was indicted for the larceny of an ox. The State proved that the ox was the property of E. S. Cobb, was taken away without his consent or knowledge, and was found in the possession of the defendant, who, under an assumed name, was trying to sell the ox as his own.

Cited by 1 later decisions — most recently February 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-10-15

View the full empirical analysis of this case →

Campbell, C. J.,

¶1delivered the opinion of the court.

¶2It is admissible for the defendant on trial for larceny to introduce any evidence to show that he came into possession of the property honestly, and evidence to show that he was misled by the statements of another is not hearsay, but primary.

¶3“ Where the question is whether the party acted prudently, wisely, or in good faith, the information on which he acted, whether true or false, is original and material evidence.” 1 Greenleaf on Ev., § 101.

¶4Judgment reversed and cause remanded for a new trial.