Smith v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. Henry S. Smith was convicted of murder, and appealed to this court. The case is sufficiently stated in the opinion of the court, except in one particular, viz. : In empanelling the jury, T. B. Hale, who was one of the special venire, was called, and asked by the court the question, “Have you conscientious scruples on the subject of capital punishment?” To which Hale replied, “ I have.”
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Appeal from the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. Henry S. Smith was convicted of murder, and appealed to this court. The case is sufficiently stated in the opinion of the court, except in one particular, viz. : In empanelling the jury, T. B. Hale, who was one of the special venire, was called, and asked by the court the question, “Have you conscientious scruples on the subject of capital punishment?” To which Hale replied, “ I have.” The court then declared him incompetent as a juror, and discharged him, and refused to permit the counsel for the defendant to examine…
1Opinion of the CourtCooper, J.
Appellant was indicted at the July term, a. r>. 1880, of the Circuit Court of Tishomingo County for the murder of one John Burt. The indictment was returned into court on the 12th, and a venire was drawn, returnable on the 16th. The defendant having made a motion for a change of venue, which was overruled, on the day fixed for trial moved for a con*870tinuance because of the absence of certain witnesses, for. whom he had caused subpoenas to be issued. The application was accompanied by an affidavit in which he stated that he expected to prove by them his own good character for peace in. the…
2Cases cited8 opinions
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Head v. StateMississippi Supreme Court · 1870
- Nugent v. StateSupreme Court of Alabama · 1850
- State v. ShieldsSupreme Court of Missouri · 1850
- Inhabitants of Phillips v. Inhabitants of KingfieldSupreme Judicial Court of Maine · 1841
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3Cited by24 opinions
- Lamar v. StateMississippi Supreme Court · 1885
- Peters v. United StatesCourt of Appeals for the Ninth Circuit · 1899
- Westmoreland v. StateMississippi Supreme Court · 1971
- State v. HastySupreme Court of Iowa · 1903
- Wood v. StateMississippi Supreme Court · 1972
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