Purvis v. State

Citations

• 71 Miss. 706

Syllabus

<p>1. Jury. Special venire. Legql jury-box. Code 1892, § 2358.</p> <p>Where it is shown that the board of supervisors, in making up the list for the jury-box, disregarded the requirement of $2358, code 1892, that the number of jurors shall be apportioned to the supervisors’ districts according to the number of electors in each, a special venire drawn therefrom should be quashed; and where this is done the court should, upon its own motion, order the sheriff to summon another venire.</p> <p>2. Change or Venue. Application therefor; when made. Code 1892, \\ 1415.</p> <p>Under § 1415, code 1892, which requires an application for a change of venue to be made before a special venire is drawn, such application, if made after the quashal of a venire, but before the writ for another one is issued, is not too late.</p> <p>3. Same. Form of application. Code 1892, § 1411.</p> <p>An application for a change of venue, not in writing- and not supported by the affidavits of two or more credible persons, as required by \\ 1411, code 1892, should be refused.</p> <p>4. Criminal Procedure. Plea in abatement. Withdrawal of plea. Exception.</p> <p>An application by accused for leave to withdraw his plea of not guilty and to plead in abatement, being addressed largely to the discretion of the court, the refusal to grant it will not be ground for reversal, where the matter intended to be pleaded is not disclosed, and no exception is taken until on motion for a new trial. Wilson v. Owens, 1 How. (Miss.), 126.</p>