82 Miss. 189 | Miss. | 1903
delivered the opinion of the court.
The defendant was tried at the August term, 1902, of the circuit court of Prentiss county, for the murder of Ransom Cunningham, was convicted and sentenced to be hanged, and appeals to this court.
Assignments of error 1 to 5, inclusive, go to the competency of Jurors Randall, Kinard, Browning, Pinson and Waters. At the very threshold of this case we are met with the proposition, were the above-named jurors competent? If this question be decided in the negative, then it would be useless to notice any other of the- numerous assignments of error. The proposed
Section 2355 of the code of 1892 does not mean that the mere fact that a proposed juror makes oath that he is impartial shall be conclusive of that fact. That section was intended to prevent the exclusion of a proposed juror on the mere ground that he had an impression or an opinion. Having such impression or opinion, he should not be summarily excluded, if he would make oath that he was impartial. But, the oath made, it is at last, by the statute, referred to the judgment of the circuit
In this case there was manifest hesitancy and distrust displayed on the part of some of the proposed jurors themselves. The law and the evidence would have effect upon such jurors.
As we answer the proposition proposed in the negative, it becomes unnecessary for us to notice any other of the twenty-four errors assigned.
The judgment of the lower court is reversed, and the cause is remanded.