Miller v. State
Mississippi Supreme Court
Appeal from circuit court of Coahoma county. Hon. W. A. Alcorn, Jr., Judge. John Henry Miller was convicted of murder and he appeals.
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Appeal from circuit court of Coahoma county. Hon. W. A. Alcorn, Jr., Judge. John Henry Miller was convicted of murder and he appeals. The outstanding and glaring error committed in the trial of this ‘case is, th-it-the jury who tried the defendant and who found him guilty, with the punishment of life in the penitentiary, were not sworn to try the issue joined between tbe defendant and the state of Mississippi, until all tbe evidence, both for tbe state and tbe defendant, bad been introduced and both sides bad closed their case and the instructions had been passed upon by the court, and until…
1Opinion of the CourtHolden, J.
John Henry Miller was convicted on a charge of murder in Coahoma county, from which he appeals.
The main point urged for reversal is that the accused was denied his right of a trial by a legal jury, under the Constitution and law1. This point is decisive of the appeal.
Here is what happened in the trial court: The jurors were sworn to answer questions as to their qualifications on the voir dire examination. After it apeared that twelve jurors were qualified to sit in the case, they were accepted by both the state and the defendant. Immediately following the acceptance of the jury, the…
2Cases cited1 opinion
- Howard v. StateCourt of Criminal Appeals of Texas · 1917
3Cited by17 opinions
- De La Beckwith v. StateMississippi Supreme Court · 1997
- State v. FrazierSupreme Court of Missouri · 1936
- Harris v. StateCourt of Appeals of Maryland · 2008
- Hollis v. PeopleSupreme Court of Colorado · 1981
- Garner v. StateSupreme Court of Alabama · 1921
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