Lee v. State

Citations

• 45 Miss. 114

Syllabus

<p>1. Criminal law—indictment—filing it. —A recital in the record, that “ on the 13th day of October, 1869, the grand jury of' said county filed in said circuit court of said county aforesaid, an indictment in the words and figures following, to wit:” and a copy of the indictment following, on which the accused was tried (it not appearing that any objection was made in the court below, to the indictment as not having been “filed”), is sufficient to show that the indictment was duly presented and filed, as required by law.</p> <p>3. Grand jury — impaneling is conclusive evidence of competency and qualification. — It is too late to call in question the competency and qualifications of the grand jury, by plea in abatement to the indictment. The impaneling is conclusive as to these.</p> <p>3. Juror in capital case —hypothetical opinion from rumor, no disqualification when no testimony is required to remove it.— That a juror had formed and expressed an opinion in the case from rumor, but such as required no testimony to remove it, is not a disqualification 'in a capital case.</p> <p>1. Special venire—mode of drawing.—The fact that the names of persons returned as liable to serve as jurors were put by the clerk, in “jury box No. 3” instead of “jury box No. 1,” both being empty, and that the special venire was drawn from “jury box No. 3,” is no ground for quashing the venire, which in all other respects was drawn according to law, there being no pretense of fraud, unfairness, or injustice to the accused.</p> <p>5. New trial — exposure of jury to improper influences. — Where, on a motion for a new trial, because of the exposure of the jury to improper influences, tho evidence excludes the idea of such exposure, and vindicates the jury from the imputation of improper conduct, the motion is properly denied.</p> <p>6. Confession —when evidence against accused'.—A confession of tho accused not extorted by threats or fear or promises, but freely and voluntarily made to one havin