Ferguson v. State

Citations

• 107 Miss. 559
• 65 So. 584

Syllabus

<p>1. Jury. Selection. Drawing jurors for trial. Code 1906, section 2629. Irregularities. Harmless error.</p> <p>Code 1906, section 2692, providing that in counties containing two circuit court districts, a juror shall not be required to serve out of his district, except the court in its discretion should otherwise direct, and except when drawn on a special venire, and in either of such excepted cases the jury shall be drawn from the two jury boxes, if the court so direct, one name from each alternately, clearly authorized the summoning of a special venire from both districts of a county containing more than one district, and where the jury boxes from one of the districts had been exhausted, the trial court committed no' error in not directing that one name be drawn from each; district alternately; it being impossible in such case to be done.</p> <p>2. Summoning and Impaneling Juries. Irregularities. Harmless errors.</p> <p>Where there is no evidence that accused was not tried by a fair and impartial jury, error cannot be predicated upon irregularity in the drawing or impaneling thereof since Code 1906, section 2692, in relation to impaneling juries is declared by section 2718,. Code 1906, to be merely directory.</p>