Nelson v. State

Citations

• 129 Miss. 288
• 92 So. 66

Syllabus

<p>1. Jury. Court, on voir dire, should not indicate its views on defense of insanity.</p> <p>In a murder trial, where the defense is insanity, it is error for the court, on the voir dire examination of the jurors, to use any language which is calculated to disparage said defense. On such examination of the jurors, the court should so deport itself as that no juror can surmise the court’s views of such defense.</p> <p>2. Jury. Conduct of the court in examining juror, on voir dire as to defense of insanity, held error.</p> <p>It is error in the trial court, on the voir dire examination of the jurors in such a case, to use this language: “Now, suppose that the evidence should show that the defendant was feeble-minded and not as bright as Woodrow Wilson or some other persons, and further that the defendant knew the difference between moral right and wrong, would you convict him, if the state had proved that he committed the crime regardless of his plea of insanity?” To this question the defendant then and there duly excepted, whereupon the court remarked: “We all have our right to our opinion about the matter.” The court also used repeatedly the following language to the proposed jurors in speaking of the defense of insanity: “Now, suppose the defendant sets up insanity as a defense, and he has got -a right to, if he wants to. He can interpose any defense he wants to. Will you consider this defense as you would any other?”</p> <p>3. Witnesses. Permitting the district attorney to ask witness if he had bought liquor of the defendant on trial for murder held error.</p> <p>It was error for the court to permit the district attorney, on cross-examination of a witness for the defendant, to ask the witness if he had ever bought any intoxicating liquors from the defendant, because that fact, if proven, would be irrelevant to the issue of the guilt or innocence of the defendant on a charge of murder.</p> <p>4. Criminal Law. State’s testimony that deceased asked officers for prot