Story v. State

Citations

• 68 Miss. 609

Syllabus

<p>1. Criminal Procedure. Murder. Continuance. Case in judgment.</p> <p>A homicide occurred Nov. 14, on account of which defendant and another were jointly indicted for murder, Dec. 4, and the case was set for trial on the 6th. The killing occurred twenty miles from the county site, and defendants, haying been in jail, asked further time to confer with witnesses and for permission to prepare a formal application for continuance before answering as to a severance or as to a special venire. This was refused. A severance was had, and a special venire, was ordered. Defendant then made an application for continuance on account of the absence of several witnesses, all of whom afterwards appeared except one, who had not been summoned, and who had permanently removed from the state. The continuance was refused, and defendant was tried December 11, and convicted. Held, that the court did not err in these rulings.</p> <p>2.Same. Murder trial. Jury-box exhausted. Special venire.</p> <p>A special venire drawn from the j ury-box being quashed, and the names in the box being exhausted, defendant moved that the clerk be directed to deposit therein the names appearing on the jury-list for that year, and that a venire be drawn therefrom. This was refused, and the sheriff was ordered to summon a special venire. There was no evidence that the officers had failed to perform their duties in making up the jury-box. Held, no error; in the absence of evidence to the contrary, it is to be assumed that the box was legally exhausted.</p> <p>3.'Same. Selecting jurors. Voir dire examination.</p> <p>The court may examine jurors on the voir dire, inviting counsel to suggest questions but not permitting them directly to interrogate, — after being satisfied as to competency, allowing counsel to question, with a view to peremptory challenge but not otherwise. This practice violates no right of the accused, prevents unnecessary consumption of time, and assures full and impartial examination of jurors