Thompson v. State
Mississippi Supreme Court
Error to the Circuit Court of Rankin County. Hon. A. G. Mayers, Judge. Willis Thompson was indicted for grand larceny, and was convicted. He sued out a writ of error. Several grounds of .error were assigned, but only one was considered by this ■court, and that is stated in the opinion.
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Error to the Circuit Court of Rankin County. Hon. A. G. Mayers, Judge. Willis Thompson was indicted for grand larceny, and was convicted. He sued out a writ of error. Several grounds of .error were assigned, but only one was considered by this ■court, and that is stated in the opinion. We think that the plaintiff in error was entitled to a full panel from which to make his challenges of jurors, inasmuch us he had no special venire, and no means of knowing who would be called to take the place of an excused juror. Fish. ■Cr. Dig. 524. He was compelled to exhaust his challenges on the ten…
1Opinion of the CourtCampbell, J.
When a jury for the trial of this case was tendered to the State, the district attorney peremptorily challenged two of the twelve jurors, and, without.calling others to take their places, the remaining ten were presented to the prisoner, who demanded a .full panel before he would pass upon them. The court refused this demand, and, without filling the panel, required the prisoner to say whether he would accept the ten or not. He then peremptorily challenged four of the ten, and the panel was completed afterwards. The prisoner excepted to this action of the court, and assigns it for error.
We…
2Cases cited1 opinion
- Tatum v. PrestonMississippi Supreme Court · 1876
3Cited by4 opinions
- Smith v. StateMississippi Supreme Court · 1884
- Gibson v. StateMississippi Supreme Court · 1893
- Avila v. United StatesCourt of Appeals for the Ninth Circuit · 1935
- Smith v. StateMississippi Supreme Court · 1885