Gibson v. State

Citations

• 70 Miss. 554

Syllabus

<p>Criminal Procedure. Impaneling jury. Challenges. Full panel.</p> <p>Under § 1423, code 1892, providing that “ all peremptory challenges by the state shall be made before the jury is presented to the prisoner, and, in all cases, the accused, shall have presented to him a full panel before being called upon to make his peremptory challenges,” the accused, in any criminal case, is entitled, after the tender of a full panel and, his challenging any of the jurors thereon, to have the panel again completed by the state before he is required to pass on the j urors added; and, if he again excuses any of the added jurors, the state must again fill the panel before tendering new jurors; and so on, in this manner, until a jury is secured. If the accused is required, over his objection, to challenge individual jurors as presented, it is error for which a judgment of conviction will be reversed.</p>