Shubert v. State
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. C. H. Campbell, Judge. Appellant was indicted for the murder of James Smith, and was convicted of manslaughter. A special venire of thirty jurors was drawn and summoned, but the list of the venire served upon the prisoner with the copy of the indictment contained only twenty-nine names.
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From the circuit court of Leflore county. Hon. C. H. Campbell, Judge. Appellant was indicted for the murder of James Smith, and was convicted of manslaughter. A special venire of thirty jurors was drawn and summoned, but the list of the venire served upon the prisoner with the copy of the indictment contained only twenty-nine names. On the trial the court proceeded to empanel a jury from the venire so drawn, and had obtained four jurors, when it appeared that the name of one person appearing on the venire was not upon the list furnished to the accused. Thereupon the defendant moved to quash…
1Opinion of the CourtCampbell, J.
The motion to quash the special venire because the name of one <of the thirty drawn and summoned was omitted from the copy furnished the prisoner was properly overruled. The omission was a mere inadvertence, and no harm was done the prisoner by the action of the court in the matter. The person whose name was left off the copy given the prisoner was set aside by the court, and a jury was selected from the other twenty-nine men of the .special venire, and without an exhaustion of the peremptory challenges allowed the prisoner by law.
It is a mistake to suppose that the prisoner has a vested…
2Cited by10 opinions
- Davis v. StateMississippi Supreme Court · 1995
- American Creosote Works of La. v. HarpMississippi Supreme Court · 1952
- Bone v. StateMississippi Supreme Court · 1949
- Commonwealth v. HendersonSupreme Court of Pennsylvania · 1913
- Dalton v. StateMississippi Supreme Court · 1925
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