Stewart v. State

Citations

• 50 Miss. 587

Syllabus

<p>1. Criminal Law — Change of Yenue — Continuance. — This court will not reverse a judgment because the circuit court refused to grant a change of venue, unless there has been an abuse of discretion vested in the circuit court. Rev. Code, 1871, § 2762. On application for a continuunce, “ if compulsory process will possibly obtain the attendance of the absent witness, and the defendant has had no opportunity of obtaining such process, the cause shall be continued, unless the defendant desires a trial.” Rev. Code, 1871, § 2806; Noes’ case, 4. How.,' 380; McDaniel’s case, 8 S. & M., 401; Lundy’s case, 44 Miss., 660.</p> <p>2. Same —Juror—Peremptory Challenge. — The peremptory challenge of a juror by the state, after he has been presented to the prisoner, is in disregard of the positive letter of the statute. “ All peremptory challenges by the state shall be made before the juror is presented to the prisoner.” Rev. Code, 1871, § 2761.</p> <p>8. Same — Instructions— Oral. — It is a violation of the law and the well settled practice and policy of the state, to give oral instructions, on the court's own motion, in civil or criminal cases. Rev. Code, 1871, § 643.</p>