Ferguson v. State
Mississippi Supreme Court
Appeal from the circuit court of Yalobasha county. Hon. N. A. Taylor, Judge. Walter Ferguson was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.. The first and most important question, to the defendant, to be discussed in this case, is whether or not, hé-has had a constitutional trial by a legally constituted jury. If he has not, this court will not hesitate to grant him that right.
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Appeal from the circuit court of Yalobasha county. Hon. N. A. Taylor, Judge. Walter Ferguson was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.. The first and most important question, to the defendant, to be discussed in this case, is whether or not, hé-has had a constitutional trial by a legally constituted jury. If he has not, this court will not hesitate to grant him that right. The prerequisite to an impartial jury trial, is the empaneling of a jury according to the statute, and until this is done, according to the law then in. force, there…
1Opinion of the CourtSmith, C. J.
Appellant was indicted for murder and convicted of manslaughter.
The county of Yalobusha is' divided into two circuit court districts. When the case came on for trial, the district attorney requested the court to order a special venire from the county at large, fifty names to be drawn from the jury box of the second district and fifty competent jurors to he summoned from the first district. This was objected to by the defendant “for the reason that there is no law authorizing any such proceeding.” The jury box for the first district had been practically exhausted ; there remaining therein the…
2Cases cited1 opinion
- Buchanan v. StateMississippi Supreme Court · 1904
3Cited by9 opinions
- Ladner v. StateMississippi Supreme Court · 1967
- Myers v. StateMississippi Supreme Court · 1978
- Lott v. StateMississippi Supreme Court · 1948
- Haney v. StateMississippi Supreme Court · 1922
- Atkinson v. StateMississippi Supreme Court · 1924
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