McVey v. State

Citations

• 117 Miss. 243
• 78 So. 150

Syllabus

<p>1. Jury. Special venire.</p> <p>Since under section 2718, Code 1906, so providing, all the provisions of law in relation to impaneling juries, are directory merely where the jury box had five compartments, two of which contained less than ten names each, and a special venire was demanded. In such case it was not error for the court to direct the clerk to issue an open venire facias for fifty jurors as provided for by Code 1906, section 2715, when the jury box is exhausted, although the names in the boxes had not in fact been exhausted.</p> <p>2. Ceiminal Law. Presence of accused.</p> <p>Where the defendant was present when the method by which the jurors were selected in a special venire was determined which method was thereafter pursued, the requirement that the accused be present was. sufficiently complied with, although in his absence the court ruled upon objections made by his counsel identical with the one made and ruled on in his presence.</p>