Legal Opinion

Garner v. State

Mississippi Supreme Court

Decided November 15, 1898PublishedCited by 15 opinions

From the circuit court of Pike county. Hon. William P. Casseey, Judge. The facts out of which the questions decided arose are stated in the opinion of the court.

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From the circuit court of Pike county. Hon. William P. Casseey, Judge. The facts out of which the questions decided arose are stated in the opinion of the court. Upon no principle of justice or law can the course of the judge in forcing the defendant to go to trial for his life before a juror biased and prejudiced on account of relationship to the person whom the defendant was charged with murdering, forcing him to place the issue of his life or death in the hands of such a jury, be justified. Such a course, such a ruling, is shocking to all proper ideas of justice and right. These rulings…

1Opinion of the CourtWoods, C. J.

Upon the impaneling of the jury, one Boyd was examined upon his voir dire touching his qualifications as a juror, and swore that he was not related by marriage or otherwise to the deceased or to the accused, and thereupon the said Boyd was accepted as a j uror by the state and the defendant. After the panel had been completed and the jury specially sworn, and before any other step had been taken in the cause, the fact was ascertained by the defendant that a son of the said Boyd had married a niece of Scott Causey, the husband of Mrs. Maggie Causey, for the murder of both of whom the defendant…

2Cases cited2 opinions

  1. Williams v. StateMississippi Supreme Court · 1896
  2. McGuire v. StateMississippi Supreme Court · 1872

3Cited by15 opinions

  1. Carlisle v. StateMississippi Supreme Court · 1977
  2. Cofer v. StateMississippi Supreme Court · 1930
  3. Mississippi Power Co. v. StriblingMississippi Supreme Court · 1941
  4. Magness v. StateMississippi Supreme Court · 1913
  5. Davis v. StateMississippi Supreme Court · 1930

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