Mabry v. State
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. O. II. Campbell, Judge. Appellant, Mabry, was convicted in the court below of the murder of Frank Rials. On the trial certain questions were raised as to the competency of jurors, a sufficient statement as to which appears in the opinion.
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From the circuit court of Holmes county. Hon. O. II. Campbell, Judge. Appellant, Mabry, was convicted in the court below of the murder of Frank Rials. On the trial certain questions were raised as to the competency of jurors, a sufficient statement as to which appears in the opinion. The eighth instruction for the state, condemned by this court, is as follows: “ The court instructs the jury that if they believe from the evidence that Mrs. Ilettie Baughn and John S. Horton testified on the committal trial of Bedford Mabry for the same offense for which he is now on trial, and that the…
1Opinion of the CourtCampbell, C. J.
The juror, Shoemaker, did not come up to the constitutional requirement. He was not a qualified juror, for he could not write and read any section of the constitution. He was a registered voter, it is true, but that does not satisfy the constitution, which declares that “ no person shall be a grand or petit juror unless a qualified elector, and able to read and write” (§ 264) ; and by § 244 it provides that every elector shall “be able to read any section of the constitution of this state,” thereby prescribing the standard of capacity to read, so that it is not left uncertain what is meant by…
2Cited by15 opinions
- Harper v. StateMississippi Supreme Court · 1903
- Carter v. StateMississippi Supreme Court · 1933
- Sullivan v. StateMississippi Supreme Court · 1929
- Dixon v. StateMississippi Supreme Court · 1896
- Jeffries v. StateMississippi Supreme Court · 1897
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