Head v. State

Citations

• 44 Miss. 731
• 2 Morr. St. Cas. 1700

Syllabus

<p>1. Homicide — Manslaughter—Constitution—Statute—Juries-Qualifications.:—, Art 1, § 13 of the constitution, and the act of 20th July, 1S70, p. 88, abolish property < qualification for jury service, and impose that duty on all citizens alike, and who are not specially exempt; but the previous laws regulating the manner of selecting, summoning and empaneling juries, and preferring objections thereto, still apply 5 unless abrogated by the constitution and said act.</p> <p>2. Grand jury — Mode of objecting — Practice.—By Rev. Code, 499, art. 131, no objection by plea or otherwise, shall be raised to empaneling the grand jury ; but the empaneling shall be conclusive evidence of its competency and qualifications - land after it is organized and charged, it is too late to prefer objections, although any person whose conduct may be the subject of inquiry or investigation “may challenge or except to the array for fraud.”</p> <p>3. Same. — By Rev. Code, 613, art. 260, the courts are instructed to regard all the modes of selecting, summoning and empaneling all jurios, as directory, merely. After they are empaneled and sworn, though it be in an irregular or informal modo, they must be deemed legal and competent, in both civil and criminal proceedings.</p> <p>4. Same. — It is the duty of the court to superintend the selection of the jury, in order that a fair and unbiased jury may be had ; and heroin, the court has a very large discretion; and the action of the circuit court in this behalf, will not be subject to reviow here, unless a violation of law, or a grossly injurious exercise oí discretion is shown. 41 Miss., 641.</p> <p>6. Declarations oe defendant — Res gestae — Confessions_The declarations of the defondant made at tho time ot shooting, as to the effect of his shot, are not “ confessions in the technical sense,” but connect themselves with the act and form part of the res gestee, and are clearly admissible in evidence.</p> <p>6.' Impeachment of testimony — Credibilit