Legal Opinion

Murphy v. State

Mississippi Supreme Court

Decided March 15, 1908PublishedCited by 4 opinions

Hrom the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, appellant, was indicted for the murder of JosephHagan, was tried and convicted of manslaughter and appealed to the supreme court, where the conviction was reviewed and a new trial granted.

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Hrom the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, appellant, was indicted for the murder of JosephHagan, was tried and convicted of manslaughter and appealed to the supreme court, where the conviction was reviewed and a new trial granted. On a second trial appellant was again convicted of manslaughter, sentenced to the penitentiary for eight years; and appealed a second time to the supreme court., The facts are stated in Murphy v. State, 89 Miss., 827, 42 South., 877. The appellant now assigns for error the action of the circuit court in refusing to sustain his…

1Opinion of the CourtMayes, J.

In determining the competency of a juror to sit in a particular case, the whole of his testimony is to be looked to. If it appear that the juror has no bias nor prejudice in the case, and no desire to reach any result except that to which the evidence may conduct, he is a competent juror, even though he has an impression or opinion as to the guilt or innocence of the accused. This is made so expressly by Code 1906, § 2685 and by the very terms of the statute itself no fixed and invariable rule can be established by which, in all eases, the competency or in*209competency of a particular juror may…

2Cases cited2 opinions

  1. Cook v. StateMississippi Supreme Court · 1907
  2. Gammons v. StateMississippi Supreme Court · 1904

3Cited by4 opinions

  1. Jones v. StateMississippi Supreme Court · 1923
  2. Ladner v. StateMississippi Supreme Court · 1927
  3. Langston v. StateMississippi Supreme Court · 1922
  4. Dixon v. StateMississippi Supreme Court · 1911

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