McVey v. State
Mississippi Supreme Court
Appeal from the circuit court of Hancock county. IIoN. Jas. H. Neville, Judge. Walter McVey was convicted of murder and appeals. The facts are fully stated in the opinion of the court. As to appellant’s contention about the drawing of the special venire, the attorney-general attempts to justify the procedure by section 2718 of the Code of 1906, on the theory that the jury law is directory.
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Appeal from the circuit court of Hancock county. IIoN. Jas. H. Neville, Judge. Walter McVey was convicted of murder and appeals. The facts are fully stated in the opinion of the court. As to appellant’s contention about the drawing of the special venire, the attorney-general attempts to justify the procedure by section 2718 of the Code of 1906, on the theory that the jury law is directory. This section only applies to irregularities in drawing the jury, and not where the statute is totally disregarded and the plain mandate of the law not observed, as held in the Shepherd case, 89 Miss. 147,…
1Opinion of the CourtSmith, C. J.
This is an appeal from a conviction for murder, followed by a sentence to life imprisonment in the state penitentiary. When the case was called for trial a special venire was demanded, whereupon the court directed that fifty names be drawn from the jury box, but on ascertaining that two of the five compartments thereof contained less than ten names each, directed the clerk, over the objection of the defendant, to issue an open venire facias commanding the sheriff to summon fifty jurors. The defendant, who was'then present in the custody of the sheriff, was thereupon returnéd to jail. An hour…
2Cited by4 opinions
- Atkinson v. StateMississippi Supreme Court · 1924
- Harris v. StateMississippi Supreme Court · 1929
- Taylor v. StateMississippi Supreme Court · 1927
- Bond v. StateMississippi Supreme Court · 1922