White v. State

Citations

• 52 Miss. 216

Syllabus

<p>1. CmmNAL Trial in Capital Cases : Juror. Competency. Opinion of guilt or innocence.</p> <p>Where a juror had an impression of the prisoner’s guilt, not from having heard the testimony, but altogether from other sources, and says it would not interfere with the free exercise of his judgment, and would not require testimony to remove it, he is a competent juror.</p> <p>2. Same : Same : Examination of juror on voire dire. Sci-uples against capital punishment.</p> <p>It is the duty of the court to see that an impartial jury is impaneled, composed of men above all exception, and it is a proper question for the court to ask each juror if he is opposed to capital punishment.</p> <p>3. Same : Same : Witness. Examination as to competency.</p> <p>A prisoner has the right to test the competency of the witness against him, either as to their religious belief, whether the witness recognizes the obligation of an oath, or as to intellectual capacity; and it is no answer to the motion that on another occasion, and in a different legal proceeding, the judge made such examination, when the prisoner was a stranger to that ; inquiry, and without opportunity to offer testimony or suggest questions.</p> <p>■4. Same: Same: Right of prisoner’s counsel to confer with his witnesses. Case in judgment.</p> <p>Accused was jointly indicted with G-. The severed G. was tried and convicted, and, before sentence, was summoned by the accused as a witness, and brought into court. The court refused to permit counsel for the accused to confer or have any conversation with the witness G. Held, that this was error, as a part of the jury trial guaranteed by the constitution is the right to process for witnesses, and the use of the usual and ordinary means to prepare for the trial. It is usual, and often important, that counsel should confer with the witnesses that he proposes to call.</p> <p>•5. Same: Same: Witness. Competency. Case in judgment.</p> <p>A witness cannot be required to deliver inculpator