Skates v. State

Citations

• 64 Miss. 644

Syllabus

<p>1. CRIMINAL Practice. Continuance. Absent non-resident witness. Insufficient showing.</p> <p>It is not error for the circuit court to refuse the application of one charged with murder for a continuance of his case on the ground of the absence of a material witness, who is a non-resident of the State, if such application fail to show any other reason for expecting that the absent witness will ever be in attendance upon the court than that based upon the fact that a ‘‘ part of his family live in this State,” and defendant has written oifering to pay the expenses of his trip, though no reply to such offer has been received.</p> <p>2. Same. Motion for new trial. Separation of jury. Case in judgment.</p> <p>S. was indicted for murder, was convicted, and moved for a new trial because of an alleged illegal separation of the jury. The evidence on the motion showed that the jury while trying the case was in charge of a bailiff, who permitted some of the jurors to go into a public privy in the yard of the court-house to attend to the calls of nature, while he and the other jurors remained about seventy-five yards away,but out of sight of the jurors in the privy.. It was also shown that another deputy sheriff went into the privy while the jurors were there, but he testified that he had.no communication whatever with them. It was not shown that any one else was in or about the place, or had any opportunity to communicate with the jurors therein, nor was it affirmatively shown (by competent testimony) that no person did or could communicate with them while they were in the privy. The court overruled the motion for a new trial. Held, that the action of the lower court was correct.</p> <p>3. Same. New trial. Exposure of jury to improper influences. Buie.</p> <p>The defendant in such case is not entitled to have the verdict set aside merely because he shows that the jury was exposed to the possibility of being tampered with, and it does not affirmatively appear that no improper