Lewis v. State
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Robert Lewis and Robert Allen, the appellants, were indicted jointly with one Patterson for burglary. A nolle prosequi was entered as to Patterson. Appellants were tried, convicted, and appealed to the supreme court. On the trial a juror of the original panel was challenged for cause by the state, on the ground that he had a case pending 'against him in the court.
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From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Robert Lewis and Robert Allen, the appellants, were indicted jointly with one Patterson for burglary. A nolle prosequi was entered as to Patterson. Appellants were tried, convicted, and appealed to the supreme court. On the trial a juror of the original panel was challenged for cause by the state, on the ground that he had a case pending 'against him in the court. This juror had a criminal'case against him. The challenge was sustained, and defendants excepted. On the trial the state introduced Patterson as a witness.…
1Opinion of the CourtCalhoon, J.
Oode 1892, § 1502, defines “crime” to mean, “when used in any statute, any violation of law liable to punishment by criminal prosecution.” Section 1746 authorizes the examination of any witness as to “his conviction of any crime,” and Helm v. State, 67 Miss., 562 (s.o., 7 South., 487), properly holds that the inquiry applies as well to misdemeanors as to infamous crimes.
It was not reversible error to sustain the state’s challenge of the juror Jackson for the cause that there was a criminal case pending against him in that court. If the court had set him aside of its own motion, the action…
2Cases cited2 opinions
- Helm v. StateMississippi Supreme Court · 1890
- State v. WilliamsSupreme Court of Louisiana · 1904
3Cited by12 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- Crosby v. StateMississippi Supreme Court · 1941
- Wright v. StateMississippi Supreme Court · 1922
- Carroll v. StateMississippi Supreme Court · 1968
- Clinton v. StateMississippi Supreme Court · 1932
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