Roberts v. State

Citations

• 72 Miss. 728

Syllabus

<p>FORMER Jeopardy. Discharge of jm-or. Trial mi the merits. Const. 1890, ji 22.</p> <p>Under \\ 22, const. 1890, providing that there must be an actual acquittal or conviction on the merits to bar another prosecution, a prisoner cannot be discharged on the plea of former jeopardy, on the ground that during his trial, after a witness had been examined, one of the jurors, having recalled the fact that he was on the grand jury which returned the indictment, was, on the motion of the state and without defendant’s consent, discharged. In such case it is proper to substitute a juror and proceed with the trial.</p>