Scott v. State

Citations

• 70 Miss. 247

Syllabus

<p>1. Criminal Law. Fatal defects of record. Habeas corpus.</p> <p>Although mere irregularities or reversible errors in the proceedings before conviction cannot be availed of by habeas corpus, it is otherwise, if it be plainly manifest of record that, because of radical and incurable 'defects, the verdict and judgment are nullities.</p> <p>2. Void Conviction. Jury of eleven. Record. Parol evidence.</p> <p>Where the record of a conviction in the circuit court recites that the accused was tried by a jury, whose names are given, and only eleven names appear, the conviction is void, and parol evidence is inadmissible to show that the trial was by twelve men, and that by a clerical error the name of one was omitted.</p> <p>3. Habeas Corpus. Judgment. Void conviction.</p> <p>While the accused is entitled to relief by habeas corpus as against such a judgment, he will not be discharged, but will be held for another trial on the same indictment.</p>