Legal Opinion

Lewis v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 11 opinions

Error to Warren circuit court. Co altee, J. The plaintiff in error was indicted in the court below for the murder of David, a slave,, and being tried was found guilty. During the empanelling of the jury, William A. Haynes, one of the venire, summoned in the case, was called and sworn, and tendered by the court to the district attorney, who, being satisfied with the juror, turned him over to the prisoner, who accepted.

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Error to Warren circuit court. Co altee, J. The plaintiff in error was indicted in the court below for the murder of David, a slave,, and being tried was found guilty. During the empanelling of the jury, William A. Haynes, one of the venire, summoned in the case, was called and sworn, and tendered by the court to the district attorney, who, being satisfied with the juror, turned him over to the prisoner, who accepted. The said Haynes, of his own motion, told the court he had conscientious scruples against capital punishment. The defendant insisted on accepting him as a juror in the case, but…

1Opinion of the Court

ClaytoN, J.:

Several errors are alleged to have occurred upon the trial of this cause, to the prejudice of the prisoner.

The first related to the rejection of William A. Haynes as a juror. This person, after having stated that he had formed and expressed no opinion in the case, was tendered to. the prisoner as a juror, when he voluntarily stated to .the court that he had conscientious scruples about finding any man guilty of murder, and could not conscientiously take the oath. The court thereupon discharged him, without challenge, either upon the part of the state or of the accused. This is…

2Cases cited3 opinions

  1. Campbell v. StateSupreme Court of Georgia · 1852
  2. People v. DamonNew York Supreme Court · 1835
  3. McDaniel v. StateMississippi Supreme Court · 1872

3Cited by11 opinions

  1. State v. GreerWest Virginia Supreme Court · 1883
  2. Gilliam v. BrownMississippi Supreme Court · 1871
  3. Brown v. StateMississippi Supreme Court · 1879
  4. Williams v. StateMississippi Supreme Court · 1872
  5. McQuillen v. StateMississippi Supreme Court · 1872

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