Edwards v. State

Citations

• 47 Miss. 581

Syllabus

<p>1. Criminal practice — jury—record.—Where the record in a capital case shows that the jury were <{ sworn,” it will be presumed that they were properly sworn according to law.</p> <p>2. Same — attorneys.—It is within the discretion of the court, with the consent of the prosecuting officer, to allow the assistance of other counsel for the prosecution.</p> <p>3. Same — evidence.—The rejection of evidence being assigned for error, and the record not showing what the rejected evidence was, it will be presumed to have been properly rejected.</p> <p>4. Criminal law — murder.—Previous threats by the deceased against the life of the accused, alone, are no justification or.excusc for the killing.</p> <p>5. Practice — instructions to jury. — In capital cases, the court is not authorized to instruct the jury, except upon request.</p> <p>6. Practice — judgment—sentence.—It is indispensable that, before pronouncing sentence in capital felonies, the court shall allow the defendant to state, if he has anything to state,why sentence of the law should not be pronounced against him. But where the record shows that the court, “ after hearing the defendant,” proceeded to pronounce sentonce, etc., this is held sufficient.</p>