Evans v. State

Citations

• 87 Miss. 459
• 40 So. 8

Syllabus

<p>1. Criminal Law. Appeal. Instruction. Code 1892, § 1439. Capital crime. Punishment.</p> <p>Under Code 1892, § 1439, providing that where in capital cases the jury find a verdict of guilty they may fix the punishment of the accused at imprisonment in the penitentiary for life, but in case of failure to do so the court shall sentence the accused to suffer death:</p> <p>(а) An assignment of error cannot be predicated of the refusal of the trial court to compel the state to obtain an instruction touching the penalty, where the record contains no evidence of such refusal save a recital of it as a ground on which defendant based his motion for a new trial; and</p> <p>(б) It is not error to refuse to compel the state to ask for an instruction informing the jury touching the subject of the penalty where a like one asked for by the accused was given.</p> <p>2. Same. Jury. Competency. Code 1892, § 2355. Opinion. Rumors.</p> <p>Under Code 1892, § 2355, providing that a person, otherwise competent, who makes oath that he is impartial shall be competent ás a juror in any criminal case, notwithstanding an opinion entertained by him as to tbe innocence or guilt of tbe accused, jurors who. have an opinion based on rumors which, may be removed by evidence, have not tallied to witnesses, have no prejudice against accused, and state that they will give him a fail-trial on the evidence, uninfluenced by the rumors, are competent.</p>