Hunt v. State

Citations

• 61 Miss. 577

Syllabus

<p>1. Supreme Court Practice. Omission of fact from the record. No case will be reversed in the supreme court by reason of any error or omission in the record even as to jurisdictional facts, unless the record affirmatively shows that such fact did not exist.</p> <p>2. Same. Mere silence. Whenever there is mere silence on the subject the court will presume under § 1443, Code 1880, that the necessary jurisdictional fact existed in the court below.</p> <p>3. Same. Trial by eleven-men. Case in judgment. Where the record recites that “Thereupon came a jury of good and lawful men, to wit,” setting them out by name but naming only eleven men, held, that the record affirmatively shows a trial by only eleven men.</p> <p>4. Same. Jury. Import of the word. Where the record recites that a “jury came ” without undertaking to enumerate them, the word “jury” imports ex vi termini, twelve men, but if in addition the clerk at the same time certifies affirmatively in a particular case that less than twelve composed the panel, the case must be reversed.</p> <p>5. Same. Criminal law. Consent by defendant to trial by less than twelve men. The defendant on a charge for a felony cannot consent to a trial by less than twelve men. Such consent is absolutely void and will be ignored in the appellate court.</p>