Hannah v. State
Mississippi Supreme Court
From the circuit court of Holmes county. - Hon. A. McC. Kimbrough, Judge. Hannah, the appellant, was indicted and tried for and convicted of murder, sentenced to suffer death, and appealed to the supreme court. A special venire was drawn in the court below for the trial of the accused, and after the completion of the drawing thereof, defendant Hannah made a motion demanding therein the service on him of a list of the special veniremen drawn to serve on his case.
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From the circuit court of Holmes county. - Hon. A. McC. Kimbrough, Judge. Hannah, the appellant, was indicted and tried for and convicted of murder, sentenced to suffer death, and appealed to the supreme court. A special venire was drawn in the court below for the trial of the accused, and after the completion of the drawing thereof, defendant Hannah made a motion demanding therein the service on him of a list of the special veniremen drawn to serve on his case. This motion was overruled. Other facts are apparent in the opinion of the court. A substantial right — and the right to a special…
1Opinion of the CourtTruly, J.
Code 1892, § 1408, which provides that every person indicted for a capital crime may have served on him or his counsel a copy of the indictment and a list of the special venire summoned for his trial one entire day before such trial, attaches as a condition precedent to this privilege that the demand therefor shall be “by motion in writing before the completion of the drawing of the spécial venire.” In the instant case, as appears from the very frank statement of counsel themselves, no demand for such copy and list, no motion in writing therefor, was made until after the drawing of the…
2Cited by1 opinion
- La Fontaine v. StateMississippi Supreme Court · 1955