Spain v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The appellant, who, on April 12, 1881, was indicted for murder, pleaded not guilty. Each of three persons drawn as jurors stated on his voir dire that he had “ conscientious scruples against capital punishment,” for which he was excluded from the jury, and the prisoner excepted.
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Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The appellant, who, on April 12, 1881, was indicted for murder, pleaded not guilty. Each of three persons drawn as jurors stated on his voir dire that he had “ conscientious scruples against capital punishment,” for which he was excluded from the jury, and the prisoner excepted. When a verdict was returned finding the accused guilty and recommending him to mercy, the court ordered the jury to be conducted back to their room, apprising them that they would find a form for their verdict in the second charge for the…
1Opinion of the CourtCampbell, J.
The fact that the law permits the jury to fix the punishment at imprisonment for life, on rendering the verdict, does not make competent as a juror for the trial of a capital case one who has conscientious scruples against the infliction of capital punishment. The penalty prescribed by law for murder is death. The State is entitled to jurors free to render a verdict of guilty in a proper case, and is not required to accept those who are trammelled by scruples of conscience which would hinder the rendition of a verdict of guilty without the qualification of imprisonment for life instead of the…
2Cases cited5 opinions
- Smith v. StateMississippi Supreme Court · 1881
- Green v. StateMississippi Supreme Court · 1877
- Russell v. StateMississippi Supreme Court · 1876
- Fortenberry v. StateMississippi Supreme Court · 1877
- Jones v. StateMississippi Supreme Court · 1880
3Cited by14 opinions
- Hill v. StateMississippi Supreme Court · 1983
- King v. StateMississippi Supreme Court · 1982
- Demato v. PeopleSupreme Court of Colorado · 1910
- Capler v. StateMississippi Supreme Court · 1970
- State v. RileyWashington Supreme Court · 1923
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