Martin v. State

Citations

• 98 Miss. 676
• 54 So. 148

Syllabus

<p>1. Criminal Law. Misconduct 'of juror. Impeachment of jwror. Bias. New trial.</p> <p>On a motion for a new trial by accused on the ground of bias of one of the jurors, testimony by another juror that the juror attempted, to be impeached, was for conviction, throughout the trial, was incompetent.</p> <p>2. Bias. Expression of opinion try juror.</p> <p>A juror who stated before the trial that he did not -know whether he would hang a white man on a negro’s evidence, but from what he had heard, if- he was on the jury, he would give accused a life time sentence any way, was disqualified to sit on the jury in a trial of accused for murder and in the absence of knowledge by the defendant or his counsel of the bias of such juror, his serving as a juror was reversible error.</p> <p>3. Same. Impartial jury.</p> <p>Where there has not been a trial by an impartial jury the court Will reverse the case even though the evidence so overwhelmingly shows the defendant’s guilt as that such a jury could not have honestly reached any other conclusion than that of guilt.</p>