De Silva v. State

Decided October 15, 1907

Mississippi Supreme Court · decided 1907-10-15

From; the circuit court of TIarrisou county. Hon. William H. Hardy, Judge. Madame De Silva, appellant, was indicted and tried for assault and battery upon Margaret Harvey, the prosecutrix, convicted and sentenced to pay a fine of five dollars and costs, and appealed to the supreme court.

Good law ✅— No negative treatment on recordhow we know

Decided 1907-10-15

How this case has been cited

Cited by 9 later decisions — most recently July 2007

9 state decisions

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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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2The court should not have excluded the cards. They were the cause of the whole trouble.

¶3It was fatal error to refuse instruction No. 3 asked for the defendant. It is true that it was a disputed matter whether all that Madame De Silva did was to present Mrs. Harvey, prosecutrix, with the cards, telling her to take them; but the *779testimony of the defendant supports this fully, and she had the right to have an instruction presenting her theory of the case to the jury.

¶4Reversed and remanded.