Posey v. State

Citations

• 86 Miss. 141

Syllabus

<p>1. CRIMINAL Law. Murder. Grand jurors. Excusing.</p> <p>On appeal in a criminal case, the facts not being shown, it will he presumed that the court’s action in excusing members of the grand jury, after the impaneling of the same, was correct.</p> <p>2. Same. Filling panel. CowrVs power.</p> <p>Where a grand jury of sixteen men was determined upon by the court, and after the impaneling of such a jury two of them were excused, the court was authorized to cause the number of jurymen to be increased to any number not exceeding twenty. Code 1892, § 2371.</p> <p>3. Same. Code 1892, gg 2375, 2376, 2389. OonsUtuUon 1890, sec. 264.</p> <p>Code 1892, § 2376, provides that if, after the grand jury has been sworn, any members be excused, the court may cause others to be sworn in their places. Sec. 2389 provides that all the provisions of law in relation to drawing, summoning, and impaneling juries are directory, and 'that a jury listed, etc., shall be deemed a legal jury after impaneling. Sec. 2375 provides that, after grand jurors shall have been sworn, no objection'shall be raised to the grand jury, but the impaneling shall be conclusive evidence of its competency and qualification. Constitution 1890, sec. 264, declares that no person shall be a grand juror, unless a qualified elector, etc., but that the want of any such qualification in any juror shall not vitiate any indictment or verdict, and that the legislature shall provide by law for procuring a list of persons so qualified, and the drawing therefrom of grand jurors. After the impaneling of a grand jury, certain members having been excused, the court directed that bystanders (designating them) serve as grand jurors, though such persons were not among those listed by the supervisors for jury service, and though their names were not on the venire drawn for service during that term;- but defendant made no direct challenge and took no exception at the time. In the absence of any showing that the jury was not fair and im