Smith v. State

Citations

• 55 Miss. 410

Syllabus

<p>Ceimimal Law. Practice. Competency of jurors. Conscientious scruples.</p> <p>S. was indicted for murder. In impaneling a jury to try his case, the court asked two members of the special venire if they had any conscientious scruples against the infliction of capital punishment, and each replied that he “would not like for aman to be hung,” The court then declared them incompetent for jurors, and discharged them, although the counsel of the accused requested that they should be further examined touching their conscientious scruples. Held, that the action of the court was erroneous.</p>