Smith v. State
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Harry Smith, the plaintiff in error, was indicted in the Circuit Court of Hinds county, for the murder of Jourdan Cash.
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Harry Smith, the plaintiff in error, was indicted in the Circuit Court of Hinds county, for the murder of Jourdan Cash. His case was called for trial at the August term, 1876. In examining the members of the special venire as they were presented, with reference to their qualifications to serve on the jury being impaneled to try the case, the court asked Luke Larry and Henry Lee, respectively, if they had any conscientious scruples in regard to the infliction of capital punishment. Each answered that he “ would not like for…
1Opinion of the CourtChalmers, J.
Two members of the special venire, being asked by the court whether they had conscientious scruples against the infliction of capital punishment, replied, each in the same language, I would not like for a man to be hung.” Thereupon the court declared them incompetent as jurors, and ordered them to stand aside. Counsel for the accused requested that the men might be questioned further touching their conscientious scruples, but this was denied.
This action of the court was erroneous. We held hi Russell's Case, 53 Miss., that the court might upon its own motion set aside as incompetent a party…
2Cited by8 opinions
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- People v. DuenasCalifornia Supreme Court · 2012
- State v. MathisSupreme Court of New Jersey · 1968
- Metzger v. StateSupreme Court of Florida · 1881
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