Smith v. State
Mississippi Supreme Court
At the July, 1884, term of the Circuit Court of Lincoln county appellant, Smith, was indicted for the murder of James Gr. Evans and at the January, 1885, term thereof he was tried and convicted of manslaughter and sentenced to the penitentiary and appeals. Affirmed. He demanded a special venire which ivas granted.
Read the full summary
At the July, 1884, term of the Circuit Court of Lincoln county appellant, Smith, was indicted for the murder of James Gr. Evans and at the January, 1885, term thereof he was tried and convicted of manslaughter and sentenced to the penitentiary and appeals. Affirmed. He demanded a special venire which ivas granted. The court announced that it would examine each juror touching his qualifications and if found to be qualified would be tendered to the State and after being accepted by the State he would be tendered to the defendant who would be required to then accept or reject the juror tendered.…
1Opinion of the Court
Opinion.
Arnold, J.:
The manner of organizing the jury was not improper and wa3 warranted by the authority of Thompson v. The State, 58 Miss. 62; Smith & Cavin v. The State, 61 Miss. 754. There was no •error in refusing to hear the application for a change of venue at the time when it was made. The law regulates the time and manner in which such application shall be made and heard. It may be made in term time or in vacation, but generally not after a special venire has been drawn, and never after the trial has been commenced and the jury is in part completed. Code, § 3063.
The presiding judge…
2Cases cited2 opinions
- Smith v. StateMississippi Supreme Court · 1884
- Thompson v. StateMississippi Supreme Court · 1880