Adams v. State

In Adams v. State, 202 Miss. 68, 30 So. 2d 593 (Miss. 1947), the Court stated: The very nature of his function as a prosecutor necessitates that the district attorney be a partisan in the case. Zeal in the prosecution of criminal cases is a praiseworthy and commendable trait in such an officer, and not to be condemned by anyone. A fearless and earnest prosecuting attorney, within the limitations upon his powers and prerogatives is a bulwark to the peace, safety and happiness of the people. "If convinced of the defendant's guilt, he should, in an honorable way, use every power that he has to secure his conviction. At the same time, it is the duty of the prosecuting attorney, who represents all the people and has no responsibility except fairly to discharge his duty, to hold himself under proper restraint and avoid violent partisanship, partiality, and misconduct which may tend to deprive the defendant of the fair trial which he is entitled, It is the duty of the prosecutor to see that nothing but competent evidence is submitted to the jury; " 42 Am.Jur., Sec. 20, p. 255