Tarkington v. State
Mississippi Supreme Court
FroM the circuit court of Clay county. HoN. C. H. Campbell, Judge. Appellant has been convicted of murder, and appeals. The facts touching the only question passed upon by the court are stated in the opinion. ' The separation of a jury in a capital case conclusively vitiates the verdict. Our court repudiates the doctrine that a separa-tionis merely prima facie vicious, and holds that the jury should be kept free from liability to improper influences.
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FroM the circuit court of Clay county. HoN. C. H. Campbell, Judge. Appellant has been convicted of murder, and appeals. The facts touching the only question passed upon by the court are stated in the opinion. ' The separation of a jury in a capital case conclusively vitiates the verdict. Our court repudiates the doctrine that a separa-tionis merely prima facie vicious, and holds that the jury should be kept free from liability to improper influences. Thompson &Merriam on Juries, 368; llares. State, 4 How., 187; Woods v. State, 43 Miss., 364; Bussell v. State, 53 lb., 367; Skates v. State, 64…
1Opinion of the CourtWoods, J.
The trial of the appellant in the court below was begun on January 22 and concluded on the twenty-fifth of the same month. On the trial W. L. Cromwell, sheriff of the county in which the trial was had, appeared as a witness for the prosecution, and testified to material facts. George Cromwell, a son of the sheriff and his deputy, was also introduced as a witness by the state, and testified to the same facts. J. A. Stacey, another regular deputy sheriff, was likewise a witness on behalf of the state, and testifie,d to other material facts.
On the night before the jury returned their verdict,…
2Cases cited4 opinions
- People v. KnappMichigan Supreme Court · 1879
- Gainey v. PeopleIllinois Supreme Court · 1881
- Rickard v. StateIndiana Supreme Court · 1881
- State v. SnyderSupreme Court of Kansas · 1878
3Cited by7 opinions
- State v. ThorneUtah Supreme Court · 1911
- Wiltcher v. StateMississippi Supreme Court · 1910
- Lee v. StateMississippi Supreme Court · 1955
- Grady v. StateMississippi Supreme Court · 1930
- Hamburg v. StateMississippi Supreme Court · 1948
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