Hunt v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The facts are stated in the opinion. The appellant was tried and convicted by the verdict of only eleven jurors. The right to be tried by a jury of twelve men is a constitutional privilege. See Constitution, Art. I, Sec. 12, also Carpenter v. State, 4 How.
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Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The facts are stated in the opinion. The appellant was tried and convicted by the verdict of only eleven jurors. The right to be tried by a jury of twelve men is a constitutional privilege. See Constitution, Art. I, Sec. 12, also Carpenter v. State, 4 How. (Miss.) 163. The number of twelve jurors is there said to be the number contemplated in the constitution, also see Code of 1880, §1695. Neither could the appellant have waived his right to be tried by twelve men in a case of felony, although it has been held that…
1Opinion of the CourtChalmers, J.
The entry by the clerk of the verdict of the jury is in these words : “ Thereupon came the district attorney, who prosecutes the pleas of the State, and Robert Hunt, the defendant herein, in his own proper person, and the said defendant, being solemnly arraigned and charged on the indictment herein, pleaded not guilty as charged, thereupon came a jury of good and lawful men, to wit, Hal Yerger, etc., etc.,” naming with Mr. Yerger eleven men only— that is to say, the clerk recites that there came a jury of good and lawful men, to wit, eleven men. What is the effect of this ? Must the judgment…
2Cases cited3 opinions
- Fleming v. StateMississippi Supreme Court · 1882
- Ex parte PhillipsMississippi Supreme Court · 1879
- Spivey v. StateMississippi Supreme Court · 1881
3Cited by9 opinions
- Conner v. StateMississippi Supreme Court · 1994
- Quillen v. StateMississippi Supreme Court · 1914
- Smith v. StateMississippi Supreme Court · 1953
- Clark v. StateMississippi Supreme Court · 1911
- Arbuckle v. StateMississippi Supreme Court · 1902
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