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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).

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Cites

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