Scott v. State
Mississippi Supreme Court
Appeal from tbe judgment of Hon. J. D. G-illand, Circuit Judge, on habeas corpus. The opinion states the case. Since the record affirmatively shows that the jury consisted of only eleven men, the relator was entitled, under the constitution, to his discharge. The writ of habeas corpus cannot be made to serve the purpose of a writ of error.
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Appeal from tbe judgment of Hon. J. D. G-illand, Circuit Judge, on habeas corpus. The opinion states the case. Since the record affirmatively shows that the jury consisted of only eleven men, the relator was entitled, under the constitution, to his discharge. The writ of habeas corpus cannot be made to serve the purpose of a writ of error. Freeman on Judgments, 620. On appeal, in the absence of a showing to the contrary, and since it is not necessary that the names of the jurors should be set out, it will be presumed that the enumeration of only eleven names was a clerical error. Code 1880, §…
1Opinion of the CourtWoods, J.
The petition of relator avers that he is in the custody of the sheriff of Warren county, who holds him as the agent of the keeper of the staté prison, and to whom said sheriff' is about to deliver him, to undergo imprisonment pursuant to the judgment of the circuit court of said county, and that such judgment is a nullity because relator says it was founded upon a verdict rendered against him by eleven men.
The return of the sheriff’, amongst other matters showing his authority for relator’s detention, states that the judgment of said circuit court (meaning the record of said court) shows that…
2Cited by22 opinions
- Jaquith v. BeckwithMississippi Supreme Court · 1963
- Ex parte BurdenMississippi Supreme Court · 1907
- Kelly v. DouglasMississippi Supreme Court · 1932
- Ex Parte SullivanSupreme Court of Florida · 1944
- Serio v. City of BrookhavenMississippi Supreme Court · 1950
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