Chase v. State

Citations

• 46 Miss. 683

Syllabus

<p>1. Plea, nr abatement not replied to —recital in the record oe ISStTE JOINED, NOT CONTRADICTED, -WARRANTS PRESUMPTION OE ISSUE JOINED. — A recital in the record of tlie trial of a capital case that defendant “filed his said two pleas in abatement, upon which, the district attorney joined issue and the court tried the issue on the said pleas in abatement, there being nothing in the record contradicting this recital, and no replications in the record, is sufficient to raise the presumption that issue was joined upon the pleas.</p> <p>2. Plea in abatement not involving question oe eact does not require trial bt jury. — It is not error for the court, without a jury, to dispose of pleas in abatement, which involve no question but an inspection of the record.</p> <p>3. G-RAND JURY — ORGANIZATION OE —WILL BE PRESUMED TO HAVE BEEN LEGAL WHERE RECORD SHOWS ORGANIZATION UNDER SUPERVISION OE THE court. — Where the record shows the organization of a grand jury under the supervision of the court, and it does not affirmatively appear to the contrary, it will be presumed that the grand jury was duly and legally organized.</p> <p>i. Trial eor murder — practice—not error perse eor court to set aside juror until examination oe other jurors. — During the impaneling of the jury fon the trial of the accused, on a charge of murder, one of the special vené-e, after a partial examination touching his qualifications, without being challenged by either party, was set aside by the court to await the examination of other jurors, and, after some time, was again called, when he was peremptorily challenged by the state, ifeld, not to be per se error, and it not appearing that accused had sustained any injury from it, the judgment will not be disturbed on that account.</p> <p>5. G-eeat bodily haem which will jusiipy a homicide with deadly WEAPON — BLOWS WITH PIST AND POOT WILL NOT. — Mere blow with fist and feet do not justify the party assaulted in taking the life of his assailant, by the use