Roberts v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. HoN. 'J. B. ChrismaN, Judge. Appellant was convicted of murder, and sentenced to imprisonment for life. His appeal presents a single question.
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From the circuit court of Lincoln county. HoN. 'J. B. ChrismaN, Judge. Appellant was convicted of murder, and sentenced to imprisonment for life. His appeal presents a single question. After appellant had pleaded not guilty and a jury had been impaneled, pronounced qualified and been accepted, and a witness for the state had been examined in chief and was being cross-examined, a juror stated to the court that he had just recollected that he was on the grand jury that had returned the indictment, and he had heard the evidence in the case, as presented to the grand jury. Thereupon, at the…
1Opinion of the CourtWhitfield, J.
This appeal is disposed of by § 22, constitution 1890, which provides: “No person’s life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution. ’ ’ The last clause of this section changes, fundamentally, the old rule, and wisely puts an end to the unmeritorious escape of persons charged with crime, who had been only technically, not really, once tried. It was put into the constitution in the interest of due and proper administration of the criminal law, is too plain for construction,…
2Cited by3 opinions
- State v. HansfordSupreme Court of Kansas · 1907
- State v. KennedyMississippi Supreme Court · 1910
- Jones v. StateMississippi Supreme Court · 1926