Bond v. State

Citations

• 128 Miss. 792
• 91 So. 461

Syllabus

<p>1. Criminal Law. Supreme court in reviewing refusal of change of venue will review all the testimony.</p> <p>In reviewing the action of the circuit court in refusing defendant’s application for a change of venue the court will review all of the testimony in the case, and will judge from it whether or not a fair and impartial trial was had.</p> <p>2. Jury. Special venire summoned as provided by statute not quashed except for fraud; special venire not quashed because sheriff who summoned veniremen was related to deceased; special venire not quashed because half of those summoned were re-, lated to deceased.</p> <p>Where a special venire was summoned as provided by section 2715. Code 1906 (section 2208, Hemingway’s Code), it will not he quashed except for fraud. Where the testimony shows that the veniremen were summoned by a deputy sheriff, the fact that the sheriff was related to the deceased is no reason to quash the venire. Neither will the venire he duashed because about half of those summoned were related to the deceased.</p> <p>8. Ceiminai, Law. Where two officers were hilled during same shooting affray, testimony as to hilling of one was admissible in prosecution for murder of the other.</p> <p>Where the testimony shows that shortly before the killing two men jointly indicted agreed that if one of the deceased and any revenue officers attempted to arrest them they would either kill them- or be killed, and that when the revenue officers appeared upon the scene the shooting immediately began, participated in by five men, and lasting but a short while, and where both officers ’ were killed, in the trial of a defendant charged with the killing of the first officer shot down, evidence of the shooting of both men is admissible, as is also testimony of the nature, description, and character of the wounds sustained by the officers who was last killed. The entire affray constituted but one transaction, ■ in which the unlawful agreement to kill both officers was carrie