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90 Miss. 56

Davis v. State

Mississippi Supreme Court

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From; the circuit court of Lafayette county. Hon. James B. Booti-ie, Judge. Davis, the appellant, was indicted for perjury, -tried and convicted and sentenced to the penitentiary for three years, and appealed to the supreme court. The charge against appellant was predicated of his testimony in a criminal case befoi’e a justice of the peace.

Decided 1907-03-15

Calhoon, J.,

¶1delivered the opinion of the court.

¶2This was a conviction of perjury, based on testimony of appellant on the trial of one Simpson Barry before a justice of the peace. On the trial of appellant for the alleged perjury in the circuit court, the justice of the peace, as a witness for the state, was permitted, over objection and exception, to testify what the charge was for which Barry was on trial before *58him. It was fatal error to admit oral testimony of this. The record itself was the only proper evidence. Whittle v. State, 79 Miss., 327; 30 South., 722; State v. Ireland (Miss.), 42 South., 797.

¶3We decide nothing else in this case now.

¶4Reversed and remanded.

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