Legal Opinion

Green v. State

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 58 opinions

-From the circuit court of Adams county. IIon. Moyse H. Wilkinson, Judge. Green, appellant, was indicted and tried for the murder of Mary Green, was convicted, sentenced to' be hanged and appealed, to the supreme court. Anderson, J., stated the facts thus: The appellant was tried before a jury composed of eight of the regular venire for the week and four talesmen.

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-From the circuit court of Adams county. IIon. Moyse H. Wilkinson, Judge. Green, appellant, was indicted and tried for the murder of Mary Green, was convicted, sentenced to' be hanged and appealed, to the supreme court. Anderson, J., stated the facts thus: The appellant was tried before a jury composed of eight of the regular venire for the week and four talesmen. While the jury was being made up, anticipating that the regular venire would be exhausted, the judge -left the bench, and went into the sheriff’s office, and instructed Deputy Sheriff Nyan to summon young men for talesmen, and…

1Opinion of the CourtAnderson, J.

Has the appellant had a trial by an impartial jury, guaranteed to him by the twenty-sixth section of the constitution? In Lamar v. State, 64 Miss. 687, 2 South. 12, Judge Campbell, delivering fhe opinion of the court, used this language: “The legal theory of a trial by jury is the selection of an impartial body from the county, and its trial of the case free from any influence except that produced by the testimony and law and legitimate-argument, and any subjection of the jury to any other influence is carefully guarded against. Twelve men must concur in pre-' ferring a charge of felony…

2Cases cited1 opinion

  1. Lamar v. StateMississippi Supreme Court · 1887

3Cited by58 opinions

  1. Ladner v. StateMississippi Supreme Court · 1991
  2. West v. StateMississippi Supreme Court · 1988
  3. Doss v. StateMississippi Supreme Court · 1997
  4. Watts v. StateMississippi Supreme Court · 1999
  5. Pendergraft v. StateMississippi Supreme Court · 1966

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