Boroum v. State
Mississippi Supreme Court
Appeal from the circuit court of Lafayette county. HoN. H. K. MahoN, Judge. Stanton Boroum was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. The seven jurors selected from the bystanders should have been sworn before passing upon the guilt or innocence of defendant and this error was not cured by the court calling them back and swearing them before verdict was rendered.
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Appeal from the circuit court of Lafayette county. HoN. H. K. MahoN, Judge. Stanton Boroum was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. The seven jurors selected from the bystanders should have been sworn before passing upon the guilt or innocence of defendant and this error was not cured by the court calling them back and swearing them before verdict was rendered. Section 2713 of the Mississippi Code of 1906, says that petit jurors shall be sworn in the prescribed form giyen therein. If the seven jurors had been sworn at all before…
1Opinion of the CourtReed, J.
Stanton Boroum was convicted on a charge of unlawful selling of liquor in August, 1912.. It is alleged in the indictment that the offense is “the second violation of the Laws of 1912, chapter 214.” He was fined $200 and sentenced to sixty days in jail. The evidence in the case is sufficient to support a conviction for unlawful selling.
Upon the trial seven tales jurors were added to the panel. They were sworn on their voir dire, but were not sworn regularly as jurors until the case was closed and the jury had retired for consideration thereof. It appears that just after the jury had retired…
2Cases cited1 opinion
- Hays v. StateMississippi Supreme Court · 1909
3Cited by12 opinions
- State v. FrazierSupreme Court of Missouri · 1936
- State v. EndSupreme Court of Minnesota · 1950
- Lay v. StateMississippi Supreme Court · 1975
- Brown v. State, Texas Court of Appeals, 6th District (Texarkana)2007
- Hill v. StateMississippi Supreme Court · 1916
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