Opinion

Tucker v. Tucker

  • 74 Miss. 93
Court
Mississippi Supreme Court
Filed
Mar 15, 1896
Status
Published
Author
Whitfield
On the bench
Whitfield, Woods
Cited by
46 cases
Authority
More cited than 2.9%

The opinion

Whitfield, J.,

specially concurring.

I concur in the result reached, and write only to save myself from committal to the proposition announced in the opinion in chief, that the fact that a woman is a common prostitute may not be shown to impeach her veracity. In Smith v. State, 58 Miss., 867 , it is stated that the earlier rule in this state was that this could not be shown, and that these cases were overruled in Head’s case, 44 Miss., 731 , and Head’s case was, on that point, overruled by Smith’s case. There is a partial collection of the authorities in Smith’s case. The English rule supports Head’s case, as do many of our state supreme courts. Taylor on Ev., vol. 3, sec. 1471 and note 3; Rice on Ev., vol. 3, p. 367; Real v. People, 42 N. Y., 280 . I do not now express any opinion on the point, reserving such expression for a case presenting the question for decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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