Jefferson v. State

Citations

• 52 Miss. 767

Syllabus

<p>l. Criminal Practice : Jury trial. Indictment for murder.</p> <p>The indictment, its return into court with the indorsements and entries, must conform to the Code of 1871, § 2791. A special venire may be waived by the parties, and, if neither party demand it under | 2759 of the Code of 1871, a jury may be impaneled from the regular venire for the week.</p> <p>m. Same : Competency of a juror. Discretion of the court.</p> <p>Where the jury were impaneled and sworn to try a case of murder, and the indictment was being read to the jury, and one of the jurors arose in his place and stated that it then occurred to him for the first time that he was amember of the grand jury who found the bill of indictment, it was competent and within the discretion of the court to direct the juror to stand aside, and substitute another in his stead, and have the whole jury resworn.</p> <p>3. Same : Bill of exceptions. Record.</p> <p>Where a motion is made for a new trial, and is overruled by the court, the record must show such action; otherwise, the accused cannot avail himself of exceptions taken thereto. It is not sufficient that such action of the court appears and is embodied in the bill of exceptions; it must appear in the record proper.</p>