Funches v. State

Citations

• 125 Miss. 140
• 87 So. 487

Syllabus

<p>1. Juey. Court may propound questions to jurors, hut parties must he allowed to further examine them for peremptory challenge.</p> <p>In impaneling jury, questions propounded through the court is proper practice, hut opportunity must be offered defendant to further question jury, through the'court, for purpose of peremptory challenge.</p> <p>2. Crimiwal Law. Race ‘prejudice argument to jury held improper.</p> <p>It was improper for counsel in his argument to state to the jury that the defendant “has enough African in him to make him as mean as Hades itself;” race, creed, or caste not being in issue</p> <p>3. Criminal Law. Refusal to instruct that accused’s failure to testify should not operate to his prejudice held error.</p> <p>It is error to refuse instruction telling jury that failure of de_ fendant to testify shall not operate to his prejudice, under section 1918, Code 1906 (Hemingway’s Code, section 1578).</p>