Shaffer v. State
Mississippi Supreme Court
Error to "Wilkinson circuit court. Smith,^T. The plaintiff in error was indicted in the court below for the murder of Benjamin Turbeville, and on trial tbereof, was convicted, and be brings the case to this court. He made a motion in arrest of judgment, which was overruled, and for error assign the following: 1. The writ of venire is defective in this: The sheriff is commanded to summon a jury from a particular part of the county.
Read the full summary
Error to "Wilkinson circuit court. Smith,^T. The plaintiff in error was indicted in the court below for the murder of Benjamin Turbeville, and on trial tbereof, was convicted, and be brings the case to this court. He made a motion in arrest of judgment, which was overruled, and for error assign the following: 1. The writ of venire is defective in this: The sheriff is commanded to summon a jury from a particular part of the county. The, sheriff summoned the jury without its having been drawn as directed by statute. 2. The indictment is defective in both counts. The assault is not alleged in…
1Opinion of the Court
Sharkey, C. J.:
There are several points made in the argument of this case, principally in relation to the legality of the jury and the jury process.
*68First. It is contended that the petit jury were neither drawn according to the statute nor the common law. The venire was issued in term time, for thirty-six jurors, returnable in six days, and tested of the same time. By the statute, the panel of jurors is to be drawn in term time, or in vacation, and a venire is directed to issue, returnable to the next term. The grand jury is to be drawn from the number appearing, and the balance are to be…
2Cited by1 opinion
- Odell & Frink v. Gray & Co.Supreme Court of Missouri · 1851