Steele v. State
Mississippi Supreme Court
From the circuit court of Itawamba county. Hon. E. O. Sykes, Judge. The appellants were convicted of manslaughter, on an indictment for murder, and sentenced to the penitentiary for five years, from which they appealed. The opinion states the case. We insist that our statute, code 1892, §2386, which provides for a special venire in capital cases, is mandatory in the requirement that the jury shall be impaneled “from those summoned and in attendance.”
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From the circuit court of Itawamba county. Hon. E. O. Sykes, Judge. The appellants were convicted of manslaughter, on an indictment for murder, and sentenced to the penitentiary for five years, from which they appealed. The opinion states the case. We insist that our statute, code 1892, §2386, which provides for a special venire in capital cases, is mandatory in the requirement that the jury shall be impaneled “from those summoned and in attendance.” That until the persons summoned on the special venire and in attendance have been exhausted, it is a violation of positive law for the judge to…
1Opinion of the CourtWhitfield, J.
The statement in the record touching the refusal to call Wygle is as follows: “After exhausting the regular venire, and before and after the regular jurors were exhausted, counsel for defendants requested that J. T. Wygle, who was absent on the regular call of the venire, be called into the jury box. The court refused the request, and ordered the sheriff to go to the country, to which the counsel for defendants excepted.” My brethren think that this statement does not sufficiently show that Wygle was present in the courtroom when the request was preferred, and hence that there is nothing in…
2Cases cited7 opinions
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- State v. GlassWisconsin Supreme Court · 1880
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3Cited by17 opinions
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- State v. MILAMMississippi Supreme Court · 1950
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