Garner v. State

Citations

• 76 Miss. 515

Syllabus

<p>1. Juries. Relationship to pan'ty. Challenge after acceptance.</p> <p>A defendant in a murder case should, on seaosnable motion therefor, be permitted to withdraw his acceptance of a juror who had sworn on his voir dire that he was not 'related to the deceased, and to challeng'e him, if, after the acceptance and swearing of 'the jury, but before any evidence is introduced, it first becomes known to defendant and his counsel that a son of the juror married a niece of the husband of the deceased; the defendant being indicted for the murder of both husband and wife, but on trial only for the latter.</p> <p>3. Evidence. Direct. Indirect.</p> <p>Whatever is improper to be proved directly cannot rightfully be proved by indirection.</p>