Cartwright v. State

Citations

• 71 Miss. 82

Syllabus

<p>1.Mubder. Conviction for manslaughter. Appeal. Immaterial error.</p> <p>Where a trial for murder of a peace officer results in a conviction for manslaughter, this negatives malice or deliberate design to kill, and, on appeal, this court will pass as immaterial an alleged error in the admission of evidence to show such malice or design — as, that defendants had previously killed a man, and were seeking to avoid arrest for the homicide.</p> <p>2.Argument. Improper comments. Objection. Practice.</p> <p>Improper or unwarranted remarks by the prosecuting attorney in his closing argument, not amounting to an extreme and intolerable abuse of the privilege of advocacy, will not cause a reversal of a verdict of guilty, if passed unnoticed at the time, and only objected to on motion for a new trial.</p> <p>3. Jury. Murder trial. Improper influence. Heading nevjspaper reports of trial.</p> <p>Where, during a murder trial, members of the jury procure and read newspapers containing reports of the evidence, accompanied by comments of the reporter unfriendly to the defendant and calculated to excite prej udice against him, it will be ground for setting aside a verdict of guilty and granting a new trial.</p> <p>4. Same. Separation of jury. Effect on verdict.</p> <p>Proof that a juror separated from his fellows during the progress of a murder trial, and, alone, entered a store and called for paper and wrote a note, will require the setting aside of a verdict of guilty, in the absence of any explanation relieving such misconduct of suspicion.</p>