Shubert v. State

Citations

• 66 Miss. 446

Syllabus

<p>1. Criminal Procedure. Special venire. Omission of name in list furnished accused.</p> <p>A special venire will not be quashed because in the list given to the prisoner the name of one of the persons drawn is inadvertently omitted.</p> <p>2. Object of Special Venire. Bights of defendant.</p> <p>The defendant has no vested right to any particular person on a special venire. If he secures an impartial jury in his trial, the purpose of the ■ statute has been accomplished, and there can be no ground for complaint.</p> <p>3. Instruction. Seasonable doubt. Doubt upon a doubt.</p> <p>It is error to instruct the jury that if there is any fact or facts in evidence, which if true, would cause the jury reasonably to doubt the guilt of accused, and if the jury are uncertain whether such fact or facts be true, they should acquit. Such instruction invokes a doubt upon a doubt.</p> <p>4. Same. Evidence tending to show innocence. Effect of doubt.</p> <p>An instruction which tells the jury that it must acquit if the testimony for the defense tends to show defendant innocent, and the jury is uncertain whether such testimony is true or not, is erroneous, and it is proper for the court to refuse it.</p> <p>5. Instruction Defining Offense. Failure of defendant to apply for same.</p> <p>A defendant, who upon a, trial for murder is convicted of manslaughter, cannot complain of the failure of the court by instruction to define manslaughter to the jury, if he did not ask for such definition.</p>