Logan v. State

Citations

• 50 Miss. 269

Syllabus

<p>1. Criminal Law — Impartial Jury — Sec. 2, Act oe April 5, 1872.— Among tbe rights secured to one charged with a criminal ofíense, by sec. 7, art. 4, of the constitution, is, “ a speedy and public trial by an impar, tial jury,” etc. Any act of the legislature, which should encroach upon the qualifications of jurors, in such wise, as to endanger their impartiality, would be an infringement of this constitutional privilege. Quaere* Is sec. 3 of the act of April 5, 1873, constitutional ?</p> <p>3. Same — Same — Extent thereof. — The extent of the privilege is, that each member of the panel shall be indifferent and impartial; in that state of mind, unbiassed by a pre-opinion or prejudice, which would or might interfere with the just influence of the testimony on the mind.</p> <p>3. Same — Same—Bule in this State. — The rule in this state is, that if the mind of the juror is so far prejudiced as to require testimony to annul pre-opinion derived from any source or origin; or if the opinion has been engendered from personal knowledge, from hearing the witnesses, on a former trial, although the juror may disclaim that it would influence his verdict and claim that he was unbiassed, he would be an incompetent juror. But if the opinion is formed from rumor, and upon investigation, shall be shown not to be fixed so as to create a bias or prejudice which would require testimony to remove, such person is a competent juror.</p> <p>4. Impaneling a Grand Jury — Special Yenire — Waiver thereof.— After a grand jury has been sworn and impaneled, exceptions cannot be taken to an individual member thereof. Code oí 1871, § 739. When a party goes to trial, without service of the special venire, he will be taken to have waived it. Head v. The State, 44 Miss., 749; Durrah v. The State, ib., 795.</p>