Cavanah v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Lowndes County. Hon. J. M. Arnold, Judge. The plaintiff in error was convicted of murder, and he sued out a writ of error, and assigned as the grounds of error the points indicated in the opinion of the court. 1. The motion of defendant to quash the special venire facias returned by the sheriff in this cause should have been sustained by the court below.
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ERROR to the Circuit Court of Lowndes County. Hon. J. M. Arnold, Judge. The plaintiff in error was convicted of murder, and he sued out a writ of error, and assigned as the grounds of error the points indicated in the opinion of the court. 1. The motion of defendant to quash the special venire facias returned by the sheriff in this cause should have been sustained by the court below. The sheriff should have made his selection from the body of the qualified persons in his county indiscriminately, as opportunity allowed, looking only to intelligence and moral worth and general fitness for that…
1Opinion of the CourtCampbell, J.
The Circuit Court did not err in refusing to quash the venire facias.
It was ordered in accordance with the statute applicable to sucha state of case (Code, sect. 2759), and, so far as the record informs us, it was executed in a proper manner by the. sheriff.
The objection urged is, that the sheriff resorted to the assessment-roll to aid him in making a list of persons to be summoned in obedience to the venire facias, and prepared a list of names of persons, and handed it to his deputies, with directions to summon those persons and any others whom the deputies might meet with who were suitable,…
2Cases cited2 opinions
- Mask v. StateMississippi Supreme Court · 1872
- Weeks v. StateMississippi Supreme Court · 1872
3Cited by12 opinions
- Clemons v. StateMississippi Supreme Court · 1975
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Peterson v. StateMississippi Supreme Court · 1970
- Howell v. StateMississippi Supreme Court · 1982
- Alvin Hill, Cross-Appellant v. Lee Roy Black, Commissioner, Mississippi Department of Corrections, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1989
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