Davis v. State

43 So. 81, 90 Miss. 56

Opinion

Calhoon, J.,

delivered the opinion of the court.

This 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 him. 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.

We decide nothing else in this case now.

Reversed and remanded.