Stark v. State
Citations
- 133 Miss. 275
- 97 So. 577
- 1923 Miss. LEXIS 136
Syllabus
<p>Ceiminal Law. Jury. Failure to swear jurors until after state rested held error, hut harmless.</p> <p>In the trial of a felony case, three talesmen, who were members of the jury trying the defendant, were not sworn as required by section 2713, Code of 1906 (section 2206, Hemingway’s Code), until after the state had finished its “vidence and rested 'ts case, when the oath was administered over the objection of the defendant. Held, that the action of the court in failing to administer the oath required by said statute was erroneous, but that the error was harmless, because of the fact the oath was administered before the jury retired to consider their verdict.</p> <p>Cook, J., dissenting.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing the potential conflicts in those decisions and ultimately affirming a noncapital felony conviction by an untimely sworn jury
- discussing the potential conflicts in those decisions and ultimately affirming a noncapital felony conviction by an untimely sworn jury
- swearing jury after presentation of state’s evidence and over defendant’s objection upheld
- in a capital felony case swearing of jury after state had presented its evidence and over objection of the defendant not reversible error because oath was administered before jury retired to consider verdict
Source: CourtListener parenthetical corpus (CC0).
Cited by
8 cases in this archive cite this case.
- United States v. Arvil Sutton HopkinsFifth Circuit· 1972-04-27· cited 27×
- State v. GodfreyCourt of Appeals of Arizona· 1983-04-21· cited 24×
- Hollis v. PeopleSupreme Court of Colorado· 1981-04-20· cited 22×
- Alston v. StateCourt of Special Appeals of Maryland· 2007-10-03· cited 19×
- Brown v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2007-03-09· cited 13×
- Lester v. StateCourt of Appeals of Mississippi· 2000-02-29· cited 6×
- Fedd v. StateCourt of Appeals of Georgia· 2009-06-11· cited 2×
- Tereka Reon Brown v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2007-03-09
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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