Green v. State
Mississippi Supreme Court
Froh the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. Appellant was convicted of arson, and appeals. The facts touching the only question passed on by the court are stated in the opinion. Mosely, by his own admission, was disqualified as a juror. He had an opinion which was so fixed in character that it would take evidence to remove it.
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Froh the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. Appellant was convicted of arson, and appeals. The facts touching the only question passed on by the court are stated in the opinion. Mosely, by his own admission, was disqualified as a juror. He had an opinion which was so fixed in character that it would take evidence to remove it. The strength, nature and character of an opinion, and not the source from which it is derived, determines the competency of a juror. His belief that he could try the case fairly should have but little weight. It is for the court, not the juror,…
1Opinion of the CourtCooper, C. J.
The juror, Mosely, was not disqualified by the character of the opinion he had formed of the guilt or innocence of the defendant, and the appellant has no just cause of complaint because he was forced to exercise his right of peremptory challenge to exclude the juror from the panel. The code provides that “any person, otherwise competent, who will make oath that he is impartial in the case, shall be competent as a juror in *524any criminal case, notwithstanding the fact that he has an impression or opinion as to the guilt or innocence of the accused, if it appear to the satisfaction of the court…
2Cases cited3 opinions
- Cotton v. StateMississippi Supreme Court · 1872
- Mabry v. StateMississippi Supreme Court · 1893
- Ogle v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- Mhoon v. StateMississippi Supreme Court · 1985
- Jones v. StateMississippi Supreme Court · 1923
- Gammons v. StateMississippi Supreme Court · 1904
- Jeffries v. StateMississippi Supreme Court · 1897
- Wampold v. StateMississippi Supreme Court · 1934
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