Hannah v. State
| Decision Date | 29 January 1906 |
| Citation | 87 Miss. 375,39 So. 855 |
| Court | Mississippi Supreme Court |
| Parties | JAMES HANNAH v. STATE OF MISSISSIPPI |
FROM the circuit court of Holmes county, HON. A. MCC. KIMBROUGH Judge.
Hannah the appellant, was indicted and tried for and convicted of murder, sentenced to suffer death, and appealed to the supreme court. A special venire was drawn in the court below for the trial of the accused, and after the completion of the drawing thereof, defendant Hannah made a motion demanding therein the service on him of a list of the special veniremen drawn to serve on his case. This motion was overruled. Other facts are apparent in the opinion of the court.
Affirmed.
H. H Elmore, and W. L. Dwyer, for appellant.
A substantial right--and the right to a special venire in those cases in which it is allowed is a most substantial and important right--ought not to be allowed to hinge upon the merest trifle, the passing of a minute of time, when the attorney is making a diligent endeavor to come within requirements. Appellant was not asking for a continuance, but for one day only, in which to examine the list of jurors summoned for his trial. The application was made on Monday of the second week of court, and the term is a three-weeks' term. Under the circumstances, the request should have been granted in favor of life.
It should not be required of appellant to show that he did not have an impartial jury for his trial. He was entitled to select a jury from men termed impartial and qualified by the law, to the extent that he is given peremptory challenges. His right is in excess of the right to an impartial and qualified jury, because he is entitled to challenge qualified jurors peremptorily and to call for more qualified jurors to take the place of those so challenged. His peremptory challenges are for use against jurors held by the law to be qualified, against whom there is no disqualification to urge. He demanded the right to examine for a day the men's names summoned for the jury, for the reason, among others that he might use his peremptory challenges intelligently. Because he, without the slightest negligence, was a minute late, the demand was refused. To say that he had an impartial jury is to say that his right of preparation to challenge peremptorily, of which he was deprived, was not of value.
J. N. Flowers, assistant attorney-general, for appellee.
Counsel for appellant say that the accused was entitled...
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Calicoat v. State
...Virgil v. State, 63 Miss. 317; Johnson v. State, 78 Miss. 627, 29 So. 515; Stovall v. State, 94 Miss. 373, 47 So. 479; Hannah v. State, 80 Miss. 375, 39 So. 855; Parker v. State, 102 Miss. 113, 48 So. 928; Rester v. State, 110 Miss. 689, 70 So. 881; Richardson v. State, 85 So. 186; Walker v......
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