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84 Miss. 264

Ivy v. State

Mississippi Supreme Court

Decided March 15, 1904

Mississippi Supreme Court · decided 1904-03-15

From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Ivy, the appellant, and others were jointly indicted for the murder of one William McQuiston. TJpon a severance appellant was separately tried, convicted and sentenced to be banged, from which conviction and sentence he appealed to the supreme court. The opinion of the court contains a sufficient statement of the facts to insure a comprehension of the question decided.

Good law ✅— No negative treatment on recordhow we know

Decided 1904-03-15

How this case has been cited

Cited by 6 later decisions — most recently November 1950

6 state decisions

30190419101920193019401950decided

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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Wbjteield, C. J.,

¶1delivered the opinion of the court.

¶2When Becky Deering was recalled, the district attorney was allowed to ask her, over the objection of counsel for defendant, how many children she had in all (not simply how many she had by defendant), and their ages, and who was the father of her children — all of them. The court had first excluded this testimony, but unfortunately let it in later. So, also, the state was allowed to ask the witness Julia Gladney what the children of Becky Deering (all of them) called defendant, to which she answered, “Pappy;” and the state was further allowed to ask Mary Chandler, “Whose children are those of Becky Deering?”- — all of them. Several observations are to be made with reference to this testimony. It was not pretended that more than four of the seven children were the children of defendant. Yet the inquiry was allowed to take the wide range of showing who the fathers of all the children were, one of whom was twent.y-one years old. She had only worked for the defendant ten years. Again, the witness Becky Deering was not instructed as to her right to decline to answer questions which might incriminate herself, as the better practice requires. And yet undoubtedly her answer might have subjected her to criminal prosecution. It is sound law, doubtless, that a witness may be shown, by proper testimony, to be the mistress of a defendant, since that would go to her credit as a witness when the defendant was on -trial. But no such un*268limited range of inquiry as the record here discloses can justly be allowed. It goes far beyond showing Becky Deering’s interest in the defendant’s acquittal. It sought to uncover her whole past life, as to the paternity of all her children; and she herself was made to answer, over objection, questions as to her right to decline to answer which she was not instructed.

¶3The first instruction for the state ought to have contained the .words “without authority of law,” since it was manifestly drawn under the statute. '

¶4Reversed and remanded.

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