Williams v. State
Mississippi Supreme Court
Error to De Soto circuit court. Cushman, J. Hnder the provision in Rev. Code, 497, art. 126, Yarbrough was an incompetent juror, and the verdict, therefore, was eiToneous and invalid. Carpenter v. State, 4 How., 163; Bone v. McGinley, 7 How., 671. The fact that the defendant was not aware of the incompetency of the juror, and made no objection, does not lessen the strength of the foregoing rule. Seal v. State, 73 S. & M., 286. ■ The objection to the juror came too late.
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Error to De Soto circuit court. Cushman, J. Hnder the provision in Rev. Code, 497, art. 126, Yarbrough was an incompetent juror, and the verdict, therefore, was eiToneous and invalid. Carpenter v. State, 4 How., 163; Bone v. McGinley, 7 How., 671. The fact that the defendant was not aware of the incompetency of the juror, and made no objection, does not lessen the strength of the foregoing rule. Seal v. State, 73 S. & M., 286. ■ The objection to the juror came too late. The Rev. Code, 672, art. 7, provides, that “no verdict or judgment shall be arrested, reversed, or annulled, after the same…
1Opinion of the Court
Handy, J.:
The plaintiff in error having been indicted and convicted for manslaughter, moved for a new trial, on the ground that one of the jurors who sat on the trial was above the age of sixty years, and disqualified to sit, in virtue of the statute. Rev. Code, 497, art. 126. It appeared, on the hearing of the motion, by the affidavit of the juror, that he was above the age of sixty years at *1329the time of the trial, and that he so stated to the court upon Ms preliminary examination, and that his statement was probably misunderstood. It was also shown by the affidavits of the accused and of Ms…
2Cited by12 opinions
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- Dennis v. StateMississippi Supreme Court · 1907
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