Boroum v. State

Citations

• 105 Miss. 887
• 63 So. 297

Syllabus

<p>1. Juey. Swearing. Criminal law. Punishment. Second offense. Laws 1912, chapter 214. Code 1906, section 2713.</p> <p>Code 1906, section 2713, dealing with the subject, does not provide when a jury shall be sworn in, and where on the trial of a charge of unlawful retailing, seven talis jurors were added to the panel and 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, but before consideration of the case by the jury they were returned into court and regularly sworn, in such case the right of accused to a jury, guaranteed to him by law, was in noway denied, impaired, or diminished by the delay in swearing the jurors.</p> <p>2. Same.</p> <p>Every reasonable intendment will be made in favor of the legality and regularity of the action of the trial court in forming the jury, and mere inconsequential errors and admissions, from which no prejudice resulted or could result, may be disregarded.</p> <p>3. Criminal Law. Second offense. Punishment. Laws 1912, chapter 214.</p> <p>Under Laws 1912, chapter 214, providing for degrees of punishment for the first and second convictions under said act, the greater punishment provided for a second conviction cannot be imposed unless the first conviction was under said act also.</p> <p>OPINION ON SUGGESTION OF EKKOB.</p> <p>Jury. Trial. Swearing jurors. Code 1906, section 1413.</p> <p>Where in impanneling a jury seven of the jurors were not sworn until after the jury had retired to consider of their verdict when they were returned to the court room and properly sworn. This defect was cured, and could not be taken advantage of for the first time on appeal, since under Code 1906, section 1413 so providing, no judgment shall be reversed after the same is rendered, for any defect which might have been taken' advantage of before verdict, and which shall not have been so urged.</p>