Brown v. State

Citations

• 69 Miss. 398

Syllabus

<p>Jury. Murder trial. Improper influence. Conduct of bailiff.</p> <p>A verdict of guilty in a murder trial fixing the punishment at life imprisonment, should be set aside, if it be shown that, while the jurors were deliberating, an attendant bailiff pointed out to one of them an instruction which announced their right to fix the penalty, in case of conviction, at imprisonment for life, remarking that the district attorney thought they would agree upon it; and, further, saying that he, the bailiff, wished they would hurry, as he was tired waiting. This court cannot affirm that the accused was not prejudiced by such misconduct.</p>