Green v. State

Citations

• 72 Miss. 522

Syllabus

<p>1. Jxtboe. QuaUfleaUon. Opinion. Constitution 1890, g 36. Code 1893, § 2355.</p> <p>The right of accused, under’ g 36, const. 1890, to an “ impartial jury ” is not infring'ed by § 3355, code 1893, which provides that “any person, otherwise competent, who will make oath that he is impartial in the case, shall be competent as a juror in any criminal case, notwithstanding the fact that he has an impression or an opinion as to the guilt or innocence of the accused, if it appear to the satisfaction of the court that he has no bias of feeling or prejtrdice in the case, and no desire to reach any result in it except that to which the evidence may conduct; but any juror shall be excluded if the court be of opinion that he cannot try the case impartially, and the exclusion shall not be assignable for error.” Logan v. State, 50 Miss., 369, and Alfred v. State. 37 lb., 396, criticised.</p> <p>3. Same. Fixed opinion. Ability to try case fairly.</p> <p>Under said statute one is not incompetent as a juror merely because, on his voir ctóre, he states that he lives in the immediate neighborhood where the crime was committed, had heard it d'scussed, and had formed an opinion as. to the guilt or innocence of accused of such a fixed character that it would require evidence to remove it, provided he makes oath that' he can try the case fairly and impartially, according to the evidence.</p>