Legal Opinion

Logan v. State

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 8 opinions

Error to the Circuit Court of Nankin County. Hon. ~W. M. Hancock, Judge. . The plaintiff in error was indicted for the murder of one Henry Young. On the first trial was convicted, and a new trial granted. The second trial was had in the October term of the circuit court of Nankin county ; upon this trial prisoner was also convicted and sued out a writ of error to this court.

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Error to the Circuit Court of Nankin County. Hon. ~W. M. Hancock, Judge. . The plaintiff in error was indicted for the murder of one Henry Young. On the first trial was convicted, and a new trial granted. The second trial was had in the October term of the circuit court of Nankin county ; upon this trial prisoner was also convicted and sued out a writ of error to this court. The only point discussed in the opinion of the court was as to the qualification of one Maxey as a juror. This juror, upon his voir dire, was asked by the district attorney, “if he had formed or expressed any opinion as…

1Opinion of the CourtSimrall, J.

Among the rights assured by sec. 7, art-. 1 of the constitution, to persons subjected to a criminal prosecution, “is a speedy and public trial by an impartial jury of the county where the offense was committed.”

An act of the legislature, therefore, which should direct a trial in secret, or which should encroach upon the qualifications of jurors in such wise as to. weaken or endanger their impartiality, would be an infringement of this constitutinal privilege.

The extent of the privilege is, that each member of the panel shall be indifferent and impartial, in that state of mind, unbiased *274by a…

2Cases cited5 opinions

  1. Nelms v. StateMississippi Supreme Court · 1872
  2. State v. BungerSupreme Court of Louisiana · 1859
  3. Neely v. PeopleIllinois Supreme Court · 1852
  4. Sam v. StateMississippi Supreme Court · 1872
  5. Lee v. StateMississippi Supreme Court · 1871

3Cited by8 opinions

  1. White v. StateMississippi Supreme Court · 1876
  2. Jones v. StateMississippi Supreme Court · 1923
  3. Posey v. StateMississippi Supreme Court · 1905
  4. Jones v. StateMississippi Supreme Court · 1910
  5. Donahue v. StateMississippi Supreme Court · 1926

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