79 Miss. 652 | Miss. | 1901
delivered, tbe opinion, of tbe court.
Was Mr. Neper properly adjudged competent as a juror ? • On his voir dire be said be bad beard state witnesses give their ver- < sion of tbe facts of tbe homicide in conversations outside of the court-roomj that be believed what they said, and that from their statements be bad formed and expressed an opinion. On examination by tbe court be said that, notwithstanding be bad formed and expressed an opinion, it would readily yield to evidence, and that be bad no bias or prejudice for or ag’ainst tbe defendant or tbe state. lie was then asked by tbe court this question: “Do you know any reason, after bearing tbe testimony and tbe law as given to you by tbe court, that would prevent you from rendering a fair and impartial verdict?” His answer was: “No, sir; nothing at all, except what I stated — tbat I bad beard rumor, and some of tbe state witnesses talk about tbe case.” lie then, answering another question, as to whether tbat would “prevent him from rendering a fair and impartial verdict after bearing tbe testimony and tbe law,” said it would not. On examination by counsel for defense be said be believed what the witness told him about tbe facts, and from tbat, and what be bad “beard others speak about it,” be bad formed bis oninion. He was then asked if tbat was a fixed opinion, which would require testimony to remove, and be answered: “Well, tbat was my opinion about it. Of course, I bad formed an opinion..; but, as I said, law and testimony would have effect on my deciding the case.” Asked then, “Would it require testimony to make you change tbat opinion ?” be answered, “I have tbat opinion.” Asked then, “Would it take testimony to remove tbat opinion ?” be answered, “I suppose so. I just formed tbe opinion from what I beard of it, and I suppose tbat was tbe way. I believe it, from what I beard of it, and I suppose it would. My opinion is not a fixed opinion, so far as giving in a verdict.” We dissent, with great diffidence, from tbe opinion of tbe very able judge who presided, tbat this person was a competent juror, not to be challenged for cause. We are sure be will concur with
Appellant exhausted his peremptory challenges, and is in position to complain.
Reversed and remanded.