[DOWNLOAD] "Turner v. State" by In the Court of Appeals of the State of Mississippi # eBook PDF Kindle ePub Free

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eBook details

• Title: Turner v. State
• Author : In the Court of Appeals of the State of Mississippi
• Release Date : January 22, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Criminal Law — Unlawful Sale of Narcotics — Arrest Without Warrant — Seizure of Articles — Use of Articles as Evidence on Trial — Detectives — Credibility — Instructions. Criminal Law — Arrest Without Warrant — When Proper. 1. Where the circumstances under which a police officer makes an arrest without a warrant are such that he could properly have secured a warrant, he may act without one if the offense is committed in his presence; and to secure a warrant it is not necessary that he have actual, personal knowledge of the facts which constitute the offense committed. Same — Arrest — Articles Seized at Time of Arrest may be Used at Trial of Person Arrested. 2. Where an arrest is made lawfully, the person arresting may take from the possession of the one arrested any articles which may reasonably be of use on the trial. Same — Arrest — Article Wrongfully Seized Admissible in Evidence. 3. In the absence of a motion to suppress their use as evidence, articles wrongfully taken from one accused of crime may be used against him upon his trial, though objection be made that the prosecution obtained them unlawfully; if they are in other respects competent and material, the trial court will not pause to inquire by what means they came into the hands of the prosecution. Unlawful Sale of Narcotics — Seized Article Tending to Show Unlawful Possession — Evidence. 4. In a prosecution for the unlawful sale of narcotics admission of seized articles tending to show unlawful possession, held not error if introduced for the purpose of showing their connection with the offense charged and serve to unfold or explain it. Same — Alleged Error in Admission of Exhibits Held Cured by Admonition to Jury to Disregard Them. 5. Alleged error in permitting the state to offer in evidence certain exhibits in a prosecution for the unlawful sale of morphine, but which were later excluded, the court admonishing the jury both orally and by instruction to disregard any evidence or exhibits offered but excluded, was rendered harmless by such admonition. Trial — Instructions Given Without Objection not Open to Review on Appeal. 6. In the absence of proper objections to instructions given, the judgment may not be reversed on appeal for alleged error in them. Same — Instruction as to Weight and Credibility of Testimony Given by Detectives — When Properly Refused. 7. Where the court in a criminal prosecution instructed the jury as to the weight and credibility to be given to the testimony of all Page 125 witnesses, it did not err in refusing to give an offered instruction on the same subjects as applied to the testimony of officers or detectives employed to secure evidence against defendant.

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