Hale v. State

Citations

• 72 Miss. 140

Syllabus

<p>1.Cbimijíax, Law. Evidence. Requiring state to introduce eyewitnesses.</p> <p>A conviction will not be set aside because the court refused to compel the state to introduce the eyewitnesses of an alleged murder, they being, beside the accused, only his sister and a co-defendant from whom a severance had been obtained, and it appearing that the co-defendant and accused testified in his behalf, and that no injury had resulted to accused. Morrow v. State, 57 Miss., 836.</p> <p>2.Sam®. Evidence. Previous difficulty.</p> <p>It was proper to exclude evidence offered by accused of the particulars of a difficulty between him and deceased several days previous to, and not connected with, the fatal rencounter. Poster v. State, 70 MiSs., 755.</p> <p>3.Piíocbss. Special venire. Motion to quash. Amendment. Code 1893, l 3439.</p> <p>Failure of the circuit clerk .to affix his signature to a venire facias is an irregularity, amendable on motion. Code 1893, $ 3439. And a motion to quash the venire dispenses with the necessity for actual amendment, where the writ has already served its purpose. Sprat-ley v. Kitchens, 55 Miss., 578.</p> <p>4. Special Vexlre. Absent venireman. Compulsory process. Code 1893, l 2386.</p> <p>Under § 2386, code 1892, requiring that where a special venire is ordered, the jury shall be impaneled from those “ examined and in attendance.” it is not error to refuse accused compulsory process for a venireman summoned and not in attendance. Roles v. State, 24 Miss., 445, distinguished.</p> <p>5. Same. Juror. Competency of jailer. Discretion.</p> <p>It is a proper exercise of the discretion of the court to set aside a venireman who is the acting jailer of the county.</p> <p>6. Same. Peremptory challenge. Examination in aid of.</p> <p>Where, on the separate trial of defendant, indicted jointly with another for murder, a full panel of jurors pronounced qualified by the court is tendered him, defendant is entitled to have each juror fully interrogated as to his sta