Jones v. State

Citations

• 97 Miss. 269
• 52 So. 791

Syllabus

<p>1. Criminal Law and Procedure. Murder. Insanity. Evidence. Exclusion of part for insufficiency of whole.</p> <p>Where in a murder case an issue was presented as to defendant’s, ■insanity and both sides introduced testimony thereon, it was. 'error at the close of the evidence to exclude all testimony introduced by defendant on that subject, leaving that introduced by the state including the fact that defendant had previously killed three men, to the consideration of the jury, even where all the evidence on the subject might have been rightfully excluded.</p> <p>2. Same. Constitutional law. Constitution 1890, sec. 26. Impartial ■jury. Prejudgment never harmless error.</p> <p>Under Constitution 1890, sec. 26, guaranteeing the accused in criminal proceedings a trial hy an impartial jury, a conviction should be set aside where one of the jurors prejudged the case against the accused and the fact was unknown to the accused and his counsel until after verdict and was not disclosed on the voir dire examination of the juror; and a failure by the trial court to grant a new trial in such case cannot be harmless error.</p>