Fulcher v. State

Citations

• 82 Miss. 630

Syllabus

<p>1. Jurors. Disqualification. Aliens. Constitution 1890, See. 264. Objection after verdict.</p> <p>Under Constitution 1890, § 264, providing that jurors must be qualified electors, able to read and write, but the want of qualification of a juror shall not vitiate a verdict, an objection that a juror was an alien and therefore not a qualified elector cannot be made after verdict.</p> <p>2. Same. Absence of Ivnowledge.</p> <p>In the absence of a showing that the facts' of which an objection to a juror is predicated were unknown to the objecting party and his counsel when the juror was accepted on the panel, the objecton will be unavailing.</p> <p>3. Criminal Law. Mwrder. Instruction. Self-defense.</p> <p>In a murder case a defendant’s instruction to the effect that the jury must acquit if there be a reasonable doubt whether ,at the time the deceased was struck by defendant he was attempting to strike defendant with a hoe, may be properly modified by adding thereto the words, “If you believe the hoe was a deadly weapon in the hands of deceased, and .that it was really or apparently necessary for the defendant to strike to protect himself.”</p>